Mutual Oil Co. v. Roach

Opinion by

ESTES, O.

Parties will be referred to as they appeared in the trial court, inverse to their order here. Roach had judgment for $3,355 on verdict against Mutual Oil Company and one James B. McMahon for said sum as a balance due for grading fo,r an oil pipe line and loading rack and hauling. It is not disputed that plaintiff did the work and that he had not been paid. The company contended .that the work was not done for it, nor at its instance and request. The question is whether the judgment is sufficiently supported by competent evidence.

The court permitted plaintiff to testify that…