Warner v. Holman

By the Court, Crocker, J.

This is an action to recover a sum of money due upon a contract to construct a road, executed by the defendant to the plaintiff. The case was sent to a referee to take the testimony. The testimony was taken and reported to the Court, and the Court filed the following findings thereon : “ This cause came on to be tried by consent of parties without a jury, before the Court, and the Court having heard the evidence in the cause, finds that the plaintiff performed the labor and services by him alleged, at defendant’s request and by his employment, and is entitled to have…