Cunningham v. Sublette

Opinion of the court delivered by

Tompkins J.

This was an action of assumpsit, brought by the tiff Cunningham against Sublette, in which there was verdict and judgment for the defendant, to reverse which, the writ of errror is prosecuted. The declaration contains four counts, 1st. for work and labor &c, by David Cunninghm, the intestate done, and a promise to him, in *225his life time, — 2nd. An account stated between the intestate and the defendant. — 3rd. Work and labor by intestate, done for defendant, and a promise to the plaintiff as administrator. — 4th. An account stated between intestate…