Floyd v. Rathledge

This is an action to recover a balance alleged to be due for work performed under a contract made by defendants in error with plaintiff to build a front on three stone buildings. 1 There is also a claim for extras. There was a verdict and judgment in favor of defendants in error, and the record is brought to this court and various errors assigned.

There were several material issues of fact between the parties on the trial, on which issues plaintiff in error contends that the evidence greatly preponderated in her favor.

The point is pressed that there was no compliance with Sec. 35 of the…