Fry v. Williams

The action was for labor and materials furnished by plaintiff’s assignor. The value of such labor and material is not in dispute. The defendant interposed an answer of general denial.

It appears that the plaintiff’s assignor had already obtained *816a judgment for the same labor and material against one Stickley and, from anything which appears, nothing has been collected on this judgment.

The evidence taken before the justice of the peace, without doubt, is such that, unless the contention of the defendant is sustained on this appeal, the judgment should be reversed.

The defendant maintains that…