Benson v. Brown

í pleading-failure to plead toppei. — I. The plaintiff furnished “extras.” It seems to be conceded that it is entitled to pay for them, either from defendant Brown or his lessee, the O ’Dea Hardware Company. After plaintiff and defendant Brown had rested, and before the hardware company had adduced any testimony, it moved a directed verdict, except as to shelving lumber, amounting to $29.67, the partition lumber, of $5.88, and the pro rata work done upon the various items of lumber under that heading. The motion urged: (1) That the evidence shows conclusively that, aside from the excepted…