Opinion
Decided October 2, 1923.
This is an action of assumpsit for labor and materials furnished in finishing a new house owned by the defendant. The jury returned a verdict for the plaintiff for $186.35, the sum sued for. The defendant filed a general motion for a new trial.
The testimony was conflicting as to the contract, the manner of its performance, and the additional work claimed by the plaintiff. The questions raised were tried before a competent tribunal. It was in the circumstances a jury question solely. The record does not disclose that the verdict is manifestly wrong. Motion overruled.
Maxwell Conquest, for plaintiff.
Phillips B. Gardner, for defendant.