Luderbach Plumbing Co. v. Stein

Citations

• 113 Miss. 475
• 74 So. 327

Syllabus

<p>1. Action on Account. Failure of proof as to part of account.</p> <p>In a suit for an unpaid plumbing bill and for labor and material furnished in the installation of electrical fixtures, an instruction for the defendant that “the burden of proof is upon the plaintiff to establish his case by a preponderance of the- evidence, and that if he fails to establish his cause by a preponderance of the evidence as to any part of the account, it is your , duty to find for the defendant,” was fatally erroneous and cannot be harmonized with the other instructions given by the court.</p> <p>2. Conteacts. Illegality. Prostitution.</p> <p>A plumbing company which did work and labor and furnished material in the installation of electrical fixtures in a house run by a party ordering sucb work and material as a bouse of ill fame, is not debarred of recovery on account of tbe character of sucb bouse or its occupants.</p>