Boyce

This action was brought to recover $487.50, being the value of certain lumber alleged to have been furnished to defendant Patrick Gordon, to be used, and which was used, in the construction of a building for said Gordon, and to recover the further sum of $129, for certain mill work alleged to have been used in the erection and construction of the same building for said Gordon. The first item was included in the first cause of action as stated in the complaint, and the second in what is denominated the second cause of action. The ease was tried- before the court with a jury. At the close of the evidence, after being instructed by the court, the jury returned a verdict in favor of the plaintiff and against defendant, Patrick Gordon, for the value of the lumber as alleged in the complaint, $487.50, and upon this verdict judgment was entered. Defendant Patrick Gordon prosecutes this appeal from the judgment and from the order denying his motion for a new trial.

It is first urged that the court erred in admitting in evidence a written assignment made by Mary J. Bates of all her right, title and interest in and to the $487.50 due the Boyce Lumber Company for lumber furnished to Gordon.…