Phillips v. Thompson

This is an action to recover the hire of a rock crusher. Plaintiff had judgment for $325. Defendant duly appealed and claims, among other alleged errors, that plaintiff recovered upon a theory and cause of action other than that stated in the petition; that the case was improperly submitted upon instructions given; that defendant's instructions were erroneously refused; and that the court erred in admitting incompetent evidence.

For a proper understanding of the case and of some of the questions raised we deem it advisable to set forth the petition, the substance of the answer, and the main…