MacGowan

Plaintiff sued in assumpsit for $307.20 for services rendered and materials furnished in the repair of a pump at the special instance and request of the defendant. The complaint stated two causes of action—one, an express promise to pay the amount sued for, and the other, that the said sum was the reasonable value of the services and materials. The answer denied both the promise to pay and that said sum was the reasonable value. An amendment to the answer set up the special defense that the plaintiff’s assignor had been called on to repair the same pump on two previous occasions, but that the work had been done in an improper manner, necessitating the work for which the account in suit was rendered.

The trial court found that these allegations of the answer were untrue; that the defendant ordered from plaintiff’s assignor the services and materials and promised to pay therefor the sum of $307.20; that in pursuance of said order the services were rendered and the materials were furnished as alleged in the complaint; and that the reasonable value thereof was the sum of $307.20. The court found further that some of said materials were not used in the repair of the pump, but were…