Becker Coal & Builders Supply Co. v. Board of Education

Pur Curiam.

Viewing the record in its entirety, we have discovered no exceptive assignment of error which we apprehend should be held to work a reversal of the judgment. The conclusion reached is in line with Crouse v. Stanley, ante, 186, and other pertinent decisions.

It is complained that on the trial before the jury the court declined to instruct the jury, as requested by appellant, in response to argument of counsel for plaintiff and interveners, that payment by the contractor for materials delivered would not be presumed in the absence of evidence on the subject. Non constat, so far as the…