Rozelle v. Caledonia Sand & Gravel Co.

The plaintiff brings his action under the so-called common counts with specifications setting forth certain work and labor totaling $300.50 plus interest of $13.53. The defendant filed no answer and issue was joined pursuant to the rule as under a general denial. A trial by jury resulted in a verdict for the plaintiff in the sum of $250.00. The exceptions brought here by the defendant are to the admission of evidence, to the refusal of the trial court to direct a verdict in the defendant’s favor, and to instructions to the jury.

Summarizing the evidence in the light most favorable to the…