Brashear v. Rabenstein

*456The opinion of the court was delivered by

Burch, J.:

Brashear sued Rabenstein for work and labor performed, money expended and lumber furnished for the defendant’s use and benefit, pleading his cause of action in the form of a common count. After issues had been framed, and a jury had been impaneled to try the cause, the plaintiff’s attorney made a statement of his case to the effect that Bra-shear had been a tenant of a farm under a lease; that Rabenstein purchased the farm while the lease was in force, and through an agent arranged to make some improvements on the land; that Brashear and…