Stephenson Brick Co. v. Bessemer Engineering Const.

The Bessemer Engineering & Construction Company instituted this suit against the Stephenson Brick Company to recover a balance due for excavation of .a site for the' construction of a brick plant for said Stephenson Company at Cordova, and recovered a judgment of one cent. Upon motion of the plaintiff the court set aside the judgment, and granted a new trial. From this order the defendant has prosecuted the appeal.

The defendant insists the plaintiff was not entitled to recover a judgment in any sum, and that there existed therefore no justification for the court to set aside a judgment in its…