Holland v. Forcum-James Cooperage & Lumber Co.

This action was commenced before a justice of the peace to recover damages from the company “for breach of contract let to defendant for building a dwelling house . . . in failing .' . . to use good material for the roof, and failing to put the roof on in workmanlike manner ... as promised, causing the roof to leak and let in rain, to the damage of the house and furniture. ’ ’

The justice of the peace awarded judgment for $400, and the company appealed. In the circuit court the company pleaded nil debit, non assumpsit, res adjudicata, and the statute of limitations of three years. Upon issues…