Burnett Bros. v. Helburn

Opinion of the Court by

Chief Justice Clay

Affirming.

John W. Burnett, doing business as Burnett Brothers, brought this suit against Stella T. Helburn to recover a balance of $1,931.51 for labor performed and material furnished in improving her home at her special instance and request. In addition to a general denial and a plea of limitation, Mrs. Helburn admitted a small balance due for supplies which she purchased, and made a tender of that amount into the court. At the conclusion of Burnett’s evidence the court directed a verdict in favor of Mrs. Helburn, and he appeals.

Mrs. Helburn owns her…