Evans v. Ruth

Opinion by

Baldrige, J.,

James S. Evans brought an action in assumpsit against Homer Ruth, trading as the Ruth Lumber and Supply-Company, to recover $131.11 alleged to be due for hauling stone under an oral contract. It was agreed upon the record at the time of the trial that the disposition of this case shall govern four other actions’ against the defendant, brought by Roy W. Stafford, Fred M. Schwartz, W. M. Keown, and A. M. Kaldusan.

It appears from the evidence that in the fall of 1933, Ruth was awarded by the State Department of Property and Supplies two purchase orders under which he was…