Ward

Action to recover the reasonable value of materials furnished and labor performed by plaintiff at the special instance and request of defendants in repairing a steam boiler.

Judgment was rendered for plaintiff, from which defendants have appealed.

It appears without contradiction that, the boiler being in bad condition, defendants, upon an express contract, employed plaintiff to repair the same, at an agreed price of $124.50. The repairs called for the welding upon the boiler of what is termed a lip, some four and a half or five feet in length. Plaintiff himself testified that, while he did not recommend or guarantee that such repairs would proye successful, nevertheless, as done, it would have answered the purpose for which the welding was intended, if the state had allowed it. He says: “I did the work all right, but the authorities would not let it go”; that is, after the work was completed as ordered by defendants, the boiler inspector would not accept it. Thereupon plaintiff, in the absence of an express contract, and as ordered by defendants, furnished materials and did other work in repairing the boiler, for all of which, including the welding of the lip covered by the…