No. 53—2449.

#### Brewer v. Almini.

This was an action by *668appellee against appellant to recover a balance alleged to be due for work and labor performed by the former for the latter in painting and decorating his dwelling house, then in the process of erection. A jury was waived and the case tried by the court, resulting in a finding for plaintiff and judgment for §76.50 against defendant, who prosecutes this appeal. Ho question of law was raised on the trial. Held, that the judgment was supported by the evidence.

Opinion filed Dec. 8, 1886.

Opinion

Per Curiam.

Judge below, Richard Peendeegast. Attorneys, for appellant, Mr. W. W. Richardson : for appellee, Messrs. Gardner. McFadon & Gardner.