Cargain v. Everett

Plaintiff agreed to paint a house for defendant for $100, material to be supplied by defendant. When the work was partially done the material gave out. Defendant neglected to supply more, and, after waiting a reasonable time, plaintiff brought suit. He proved the number of days’ work done, and that the reasonable value of a day’s work was $2.50, and for the amount thus produced he recovered judgment. That was right. To enable him to recover that amount it was necessary to amend the complaint in which the value of the work was alleged at an amount less than the proof on the trial showed. That amendment was properly allowed. The justice drew the jury from the list which had been filed with him by the town-clerk. It appears that a new jury-list had been prepared, but not yet been filed with the justice by the town-clerk. Until thus filed it was the duty of the justice to draw the jury from the old list, being the one last filed with him. Laws 1889, e. 505.1 The appeal is without merit, and judgment is affirmed. All concur.