Mohnkern v. Pivirotto

Fleming, P. J.,

Upon the issue joined in sci. fa. sur mechanic’s lien the jury found for the plaintiff. The matter is now before us upon defendant’s motions for new trial and for judgment n. o. v.

The defendant contends that the averment that D. Sherman Breeden acted as agent for the defendant in his dealings with the plaintiff was not proven at the trial, and that the court erred in not affirming defendant’s seventh point and directing a verdict in his favor. The plaintiff, at the trial, offered in evidence the lien filed, the notice of filing the. lien, and certain admissions contained in the…