Townsend v. Welch
Townsend v. Welch
Opinion of the Court
Plaintiff is the assignee of J. G. Thompson, who is a carpenter, and as such performed work and labor for the defendant on a dwelling-house and buildings appurtenant thereto. The question argued by counsel is as to the value of the work done by Thompson. The petition was amended; and, as we understand, it is pleaded that Thompson did the work by the day, and from time to time as desired, and it consisted in repairing an existing building or buildings, and the agreement was that he was to be paid what it was reasonably worth. It is stipulated that the reasonable value
The evidence of the plaintiff, as to the number of days he worked, is not, we think, materially shaken by the evidence introduced by defendant, and we are unable to conclude that his evidence is false. He may, because of his age, have been unable to accomplish as much in a day as a younger and more active man. But if he was employed, and was to be paid, by the day, this is immaterial, unless he deceived the defendant as to his capacity. Of this there is no evidence. Besides this, they had knowledge from day to day what he accomplished, and if not satisfied they should have discharged him, or made a different contract.
The defendants -introduced the evidence of three carpenters, who testified that what the plaintiff did was worth much less than he charged, and that the work could have been performed in a less number of days than the plaintiff testifies
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.