Farmers' Elevator Co. v. Swier

KNIGHT, Circuit Judge.

Plaintiff secured’ judgment upon a trial by jury against both defendants for building material and labor furnished to- Swier, such labor having been furnished by Austin Boen, plaintiff’s assignor. From- this judgment and the order denying his motion for new trial, the -defendant Steineke has appealed.

InT919 appellant entered into a contract for the sale of certain real estate to Swier who went into possession thereof, under such contract, and made extensive improvements thereon, using building materials furnished by respondent and labor furnished by respondent’s…