Smith v. Pelott

The plaintiff prosecuted this action as the executor of' John Giles, who was a subcontractor under one Danforth E. Fisher in the construction of a house for the defendant under a contract made between Fisher and Pelott. The action was referred by order of the court, and on the trial the referee reported in favor of the defendant, and the principal questions in this appeal arise upon the exceptions taken by the plaintiff to that report. On the trial the referee allowed an amendment of the plaintiff’s complaint on his motion, and also an amendment of the answer of the defendant on his motion,…