Burr v. Mendenhall

The original complaint alleged that the appellant was indebted to the appellee in the sum of three hundred and forty dollars, for work and labor and materials furnished in building and constructing a partition brick wall, at the instance and request of appellant, a bill of particulars *497of which was filed with the complaint, which remained due and wholly unpaid.

The appellant answered by the general denial. The cause was tried by the court. Upon the trial, the appellee offered in evidence the following written instrument:

“ This indenture witnesseth, that we, Isaac Mendenhall and Eachel…