Cole

The plaintiff, in the first count of his complaint, claims the sum of $330 as due to himself for labor performed for the defendant. A second conut for $385 is based upon a like claim of one Melvin J. Cole, assigned to the plaintiff. The appellant makes two points. The first involves a mere conflict in the evidence. The second is based upon certain rulings of the court -concerning parts of a deposition of the deputy state labor commissioner.

1. As to the first point, it is sufficient to state that the evidence is very sharply conflicting, the plaintiff having testified to one state of facts and the defendant to another and in direct conflict with the plaintiff. The plaintiff and his assignor were working for one Walker at an agreed price for themselves and teams of eleven dollars per day. Walker was a contractor under the defendant and the labor was being performed upon property in the ownership or charge of the defendant. The plaintiff testified as follows: “After we worked a few days we quit Mr. Walker and told him we wanted our money and he said, ‘If you are going to quit, go to M. Bux,’ that ‘we will go to see him and see if he can get your money,’ and after we went to Mr. Bux…