Alley v. Booth
Texas Supreme Court
Appeal from Colorado. This was a suit by the appellee against the appellant, to recover the price, under a contract, of building a house. The defendant pleaded defects in the work, and incompleteness of the job, and claimed pay for board, and alleged payment in part; he also denied that he made any contract with the plaintiff.
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Appeal from Colorado. This was a suit by the appellee against the appellant, to recover the price, under a contract, of building a house. The defendant pleaded defects in the work, and incompleteness of the job, and claimed pay for board, and alleged payment in part; he also denied that he made any contract with the plaintiff. On the trial it appeared that the price of building the house, by the contract, which was verbal, was $250 : but there was conflict in the testimony as to whether the contract was made with the plaintiff alone or with him and one McKinnon. McKinnon was called as a…
1Opinion of the CourtWheeleb, J.
Whether the contract was made with the plaintiff, or with him and McKinnon jointly, and also the amount which the plaintiff was entitled to recover in case it was made with him singly, were questions of fact, which it was for the jury to decide. The evidence conflicting, it was a proper case for them to judge of the credibility of witnesses and the weight of evidence. It is one of that class of cases in which this Court has uniformly declined to reverse the judgment because a new trial was refused. The judgment is affirmed.
Judgment affirmed.
2Cited by4 opinions
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