Falls City Machinery & Supply Co. v. Goodstein

The only question involved is one of fact. Action was brought by plaintiff to recover the reasonable value of certain work done by it at the special instance and request of the defendants. The defense was that the parties had made an express contract, and that the demand was in *550excess of the contract price. The amount admitted to be due, less the amount of a counterclaim, was tendered. From findings and a judgment in favor of plaintiff, appeal is taken.

We are asked, because of certain testimony which is set out in the brief, to ignore the rule of practice, so often announced, that we will not…