Acme MacHine & Welding Co. v. Home Industry Iron Works

The suit was assumpsit for work, labor, and materials furnished per contract. The defense was the general issue and non est factum. The plea of misnomer was stricken, the complaint amended pursuant thereto, and pleas to amended complaint were “no assumpsit” and “material allegations * * * are untrue.” The verdict was for the plaintiff. The order employed in the assignment of errors will be followed.

The secretary and treasurer of plaintiff corporation testified of the agreement for the work and material, that the writing or statement thereof was made by him from the original, and that it was…