Majority
p. 954Wetmore v. Pirsson. (Supreme Court, General Term, Second Department. December 13,1888.)
This is an action for the recovery of a balance due for repairs-upon a house belonging to the defendant. The cause was tried at the circuit, and involved only questions of fact, which were determined by the jury in-favor of the plaintiff. The defendant set up an agreement by the plaintiff to-do the work for $500, but that related only to the new roof, and the instructions of the trial judge to the jury were proper on that subject. The judgment should be affirmed, with costs.