Malkin v. Compton

Opinion op the Court by

Judge Rees

Affirming.

The question presented is purely one of fact.

On September 4, 1945, Harry Malkin entered into a contract with Atlas Compton and H. K. Harris for the construction of two houses on lots in Prestonsburg. Compton and Harris were to furnish all the labor for a consideration of $2,000, of which $1,000 was paid- to them in advance, and Malkin was to furnish all the materials. The houses were to be constructed according to plans and specifications which had been prepared. Malkin became dissatisfied with the progress of the -work, and on November 27, 1945,…