Person v. Herring

The opinion of the court was delivered by

Lippincott, J.

This writ of error brings up for review the judgment in favor of the defendant below, who is defendant in error, against the plaintiff below, who is plaintiff in error, and the finding of fact upon which such judgment is based.

The cause was tried before the judge of the Circuit Court, the jury having been waived by consent of parties.

The undisputed facts before the trial judge were that on November 7th, 1896, Charles Planer, as a contractor, entered into a written contract with Henry F. Herring, acting as agent of Mary E. Herring, owner,…