Smith v. McKay

The petition contains two causes of action. In the .first the sum of $343 is demanded for making a concrete foundation and cement floor for a building in Lexington according to the terms of an oral contract between plaintiff and defendant, and the second is a claim consisting of four items, amounting to $16.75, for labor and materials furnished in locating and repairing the foundation mentioned. Defendant in Lis answer admits that the oral agreement was made, but alleges that plaintiff violated it by making the foundation too narrow for the building planned. The second count is answered by a…