George S. Briggs Coal Co. v. Gardner

This is an action of contract to recover for oil sold and delivered, and for labor and materials furnished by the plaintiff, in the repair of the defendant’s oil burner. The answer is a general denial.

It was agreed by the parties that a balance of $3.65 was owed by the defendant to the plaintiff for oil sold and delivered.

There was testimony from the plaintiff that it had made repairs on the defendant’s oil heater, on December 26, 1948, December 29, 1948 and January 8, 1949 ; that the oil heater was in fair shape at the time; that it was a cold winter; that the heater could not perform…