Grady v. Felker

GRIEVES, Circuit Judge.

In this action plaintiff seeks to recover $642.45, plus interest, for alleged goods, wares and merchandise furnished and services rendered to the defendant at his request in connection with the repair of a building owned by defendant.

The answer of the defendant was a general denial and a counterclaim which stated:

“That during the month of May, 1965, or thereabouts, the plaintiff undertook excavation operations on the lot adjoining the cafe owned by the defendant and that during the course of such excavation and as a result thereof, the wall of the building owned by the…