Weimer v. Bourn

Litz, Judge:

This is an action of trespass on the case in assumpsit. To the judgment of the circuit court setting aside a verdict in favor of plaintiffs and granting defendants a, new trial, the plaintiffs prosecute a writ of error.

The defendants, Casdorph and Bourn, entered into a written contract with Elmer Turner, whereby, in consideration of $3,100.00, he agreed to furnish the labor and material for the construction of a dwelling house for the defedants. The agreement provides that the owners “may pay any or all of material bills if they so elect, 'and deduct the amount of same from the…