Hopkins' Ex'x v. Osborne

Opinion of the Court by

Judge Fulton

Reversing.

This action was filed by appellee, David Osborne, against J. C. Hopkins in his lifetime to recover a balance claimed to be dne for work and labor. It is alleged that he performed 4,490 hours’ labor during the years 1929, 1930, 1931, and 1932; that, while he had no contract or agreement with Hopkins as to the price of the labor, it was of the reasonable value of 37% cents per hour; that Hopkins had paid to him $950, leaving due a balance of $753.75. Hopkins died before the action came to trial, and it was revived against his executrix and legatees…