Temple Brothers v. Munnett

The action is book account to recover the balance of the contract price of a monument and marker furnished by the plaintiff to defendant. Heard by the court. Judgment for the plaintiff to recover of defendant $398.42, the balance found due. The defense relied upon is that the right of recovery, if any, is based on an entire contract for the monument in question and fnll performance is necessary to entitle the plaintiff to recover.

The ease comes here on defendant’s exceptions: (1) To the finding of the court as not warranted by the evidence in the case and as contrary to the evidence for that…