Makeever v. Marlin

The facts as shown by the evidence are substantially as follows: Appellant Makeever was the owner of several farms, but resided in town. The windmill on one farm being damaged, Makeever contracted by telephone with appellant Biggs, a plumber and windmill repairman, to install a new millhead for $55. Biggs had installed several other heads on mills of Makeever at the same price. Nothing was said as to whether Biggs would do the work himself or send some of his employees to do it. No instructions were given Biggs or his employees. Neither Makeever nor any agent of his was present when the work…