Cowell v. Builders, Incorp.

Opinion by Parker, J.,

In this action in assumpsit brought to recover a balance claimed to be due for wages, a trial judge sitting without a jury found for the defendant. A motion for a new trial was refused by the court and plaintiff has appealed to this court. The opinion of the learned judge of the court below fully sustains the conclusion reached.

The statement of claim alleged that Henry Cowell performed skilled labor at the instance and request of defendant for the agreed price of $1.20 per hour but was paid at a less rate. The affidavit of defense admitted the employment and service but…