Bailey v. Brown

(orally).

This is a proceeding in which the reversal of the judgment of the court of common pleas is sought. The judgment was in favor of Brown, who was plaintiff below, against Bailey, who was defendant below. I shall use the terms “plaintiff” and “defendant ” as they appear in the petition in error.

The undisputed facts are, that the plaintiff, Bailey, sometime in March, 1892,, entered into a contract with The National Sewer Pipe company, a corporation, located and doing business at Barberton, Ohio, by which he agreed to erect for the corporation, two additions to the building then owned and…