Opinion
Decided January 12, 1931.
The controversy in this case is over liability for work and materials used on farm property of the defendant. The questions were all of fact, and the only error on the part of the jury which the court perceives is failure to allow defendant a conceded credit of $2.20.
This error entitles defendant to a new trial, unless plaintiff within fifteen days from the filing of mandate files remittitur of the aforesaid amount. So ordered. E. Walker Abbott, for plaintiff. Nicolaus Harillias, for defendant.