Simpson v. . R. R.

* BURWELL, J., having been of counsel, did not sit. The plaintiff Simpson filed a formal complaint, afterwards adopted by plaintiff Davis when made a party, on a special contract to finish a well at Rutherfordton depot for the defendant company. The second cause of action was a declaration on a quantum meruit.

The action was commenced in the name of the plaintiff J. K. Simpson, who claimed to be assignee of contract, and owned same. It was proved that said J. K. Simpson had paid the hands employed in work and advanced supplies to further same for Frank Davis, (705) with whom defendant company…