Stevens v. Tompkins

Action for the reasonable value of materials furnished and labor performed by plaintiff (appellee here) for defendant at his request, in repairing a building belonging to defendant. Judgment for plaintiff from which defendant appealed.

The errors assigned and relied on raise only the question of the sufficiency of the evidence to support the verdict and judgment, the contention being that the verdict includes compensation for work and material for which no provision was made in the contract between the parties, as shown by the evidence. The testimony upon the part of the plaintiff was positive…