Coles v. Holmes

Citations

• 29 S.C.L. 360

Syllabus

<p>1. Assumpsit for work and labor rendered, and materials furnished, hy plaintiff, as a carpenter, for the use of defendant, and at her special instance and request. It was proved hy a witness examined hy plaintiff, that there was a written agreement between defendant and a third person, by which the work was to be done. Plaintiff proved by this witness, a request to do the work, and was about to show the work done, but as a written contract had been referred to, it was insisted it must be produced by him, or its non-production accounted for; which view was sustained by the presiding Judge, and plaintiff submitted to a nonsuit.</p> <p>2. Held, that plaintiff was entitled to recover, upon proof of work done and materials furnished; that he was not bound to produce the written contract, which, as matter of defence, the defendant might have produced.</p>