Fountain

The action is for the value of forty-four thousand bricks alleged to have been sold and delivered to defendant by plaintiff, of the value of four hundred and forty dollars. A claim was presented to defendant by plaintiff, after the bricks had been used by defendant, demanding payment, which set forth'the wrongful taking from plaintiff and conversion by defendant of the said bricks; this claim was rejected and thereupon plaintiff brought the action. The court found that plaintiff, at the request of C. W. Paine, one of the trustees of defendant, delivered a lot of bricks at the city cemetery which this trustee told him were to be used in building a wall around a portion of said cemetery, and that from the representations made to him by the trustee at the time, plaintiff understood that the bricks were being sold by plaintiff to defendant, and that defendant would pay for them; that there were fifty-three thousand bricks worth ten dollars per thousand, and that plaintiff presented a claim for nine thousand, and this claim was allowed and paid; that the bricks unpaid for were actually used by defendant in constructing said wall and still remain there; that “no express contract was…