Evans

This is an action whereby plaintiff seeks to recover from defendant upon an implied contract for repairs made upon a building. Judgment went for defendant, from which, and an order denying plaintiff’s motion for a new trial, it prosecutes this appeal.

It appears that the Lynn-Lewis Company was a corporation and J. M. Lynn and J. W. Lewis were officers thereof. The company constructed for defendant a barn, upon the completion of which defendant paid therefor in full according to the terms of the contract under which it was erected. Shortly thereafter, the Lynn-Lewis Company ceased doing business and Lynn and Lewis became stockholders and officers in a new corporation (plaintiff herein), known as the Wilcox-Rose Construction Company, of which E. H. Rose was president and general manager, J. M. Lewis vice-president, and Lynn was superintendent of construction. On July 25th, and after Lynn and Lewis had become connected with plaintiff corporation, the roof of the barn constructed by the Lynn-Lewis Company fell in, damaging the vehicles of defendant’s tenant, then occupying the barn. The next day defendant called upon Lynn and Lewis, both of whom, unknown to defendant, were at the…