Baker v. Stoner

Otho Baker, the appellee, sued Frank Stoner, the appellant, in assumpsit on a claim for labor and material furnished in building a dwelling house. He filed the common counts, to which the general issue was pleaded. It developed on a jury trial that the work had been begun and prosecuted under a written contract between the parties; that appellant before the completion of the job had ordered appellee to quit work and leave the premises; that appellee had treated this action of appellant as a repudiation of.the contract and a refusal longer to be bound by it, and. had elected to treat it as…