Rude v. Seibert

JUDGE HOFFMAN

delivered the opinion of the court.

Plaintiff, in this cause, was engaged in the excavating business, and his equipment consisted of a bulldozer which was operated by an employee. The defendant was a landowner, and, as a result of a discussion between plaintiff and defendant, plaintiff was hired to do some excavating work on defendant’s property. When the work was finished, plaintiff presented defendant with his bill, which was based upon an hourly charge for the total number of hours worked. Defendant refused to pay all of the bill, and this suit resulted. On a hearing before the…