Evans v. Montgomery

A large number of errors are assigned upon this record. The action was assumpsit for material furnished and work and labor performed in lathing and plastering a dwelling-house.

The defendant asserts that the work was done for' one John Gilpin, who had contracted to furnish materials, and do the entire work of constructing the building. As a matter of fact, this may have been true, but there was some evidence tending to substantiate plaintiff’s claim, which, under the well-settled rule, made it a question for the jury. We cannot agree with defendant’s .counsel in their claim that there was a…