Heitt v. Smith

Opinion of the Court by

Chief Justice Sampson

Affirming.

• Appellant Hendrix entered into a contract with W. S. Smith in 1922, whereby Smith, a carpenter and contractor, was to remodel a house for appellant Heitt in consideration of $1,183.00. This was all expressed in a writing, but there was nothing said concerning who was to furnish materials.' In this litigation appellant Hieatt claims appellee Smith was to furnish the materials and do the work, while Smith contends he was to do the work but Heitt was to furnish the materials.

This action was commenced upon a writing which Heitt in his…