Spoon

This is an action to recover from the defendants the aggregate sum of $2,981.80 for labor performed and for money paid and expended by the plaintiff for the defendants at the alleged special instance and request of the latter.

The complaint is in six counts, four of which are on claims assigned to the plaintiff by as many different persons for labor performed for or supplies famished to the defendants.

The defendants, Johnson and Sheldon, answered the complaint, specifically denying the averments of each of the counts thereof.

The defendant, Cromwell, although duly served with summons, failed to answer the complaint, and a judgment upon such default was entered against him.

The trial was by the court sitting without a jury. The court disallowed the greater portion of the amount sued for and set forth in the second count, disallowed the assigned claims set up in the fifth and sixth counts, and found in favor of the plaintiff for the balance alleged to be due him in the other counts, amounting to the total sum of $1,909.20. Judgment was rendered and entered accordingly.

The defendants, Sheldon and Johnson, appeal from the judgment and the order denying them a new trial.

The…