Gower v. Harakal Et Ux.

Opinion by

Stadteeld, J.,

This is an action in assumpsit. Plaintiff, a contractor and lumber dealer, seeks to recover the sum of $332.70 for lumber, material and labor furnished the defendants in the years 1927 and 1928. It was conceded that the lumber, material and labor went into the dwelling occupied by defendants as husband and wife. Plaintiff claims the material was furnished at the special instance and request of both defendants.

Joseph Harakal defended upon the ground that the statute of limitations had run as against the claim. His wife, Anna Harakal, denied that the goods had been sold…