Rust v. Newby

Bennie Lloyd Rust and Elmer J. McCullough sued the defendant, N. J. Newby, before a justice of the peace to recover the balance alleged to be due for services. The causes were tried together in the circuit court, where a judgment of $210 was rendered in favor of plaintiff Rust and $399 in favor of the plaintiff McCullough. The judgments were affirmed by the Court of Appeals. The causes are here for review upon certiorari.

In conformity with practice in the circuit courts, counsel for plaintiffs stated their case. He said it was plaintiff’s insistence' that defendant was obligated to pay each…