Howell v. Dodd

FOSTER, Justice.

This is an action by appellee against appellant for work and labor done and material furnished in repairing a planer, the property of defendant’s testate, and at his instance and request. The common counts only were relied on. The account embraced items extending from February 7, 1928, to November 1928. Defendant’s testate died June 19, 1929. Tlie suit was filed August 19,1931.

The plaintiff’s evidence tended to show that the work was done and a statement of account furnished deceased before he died; that he inspected it, made no objection to the work nor the account, but…