Heep

This is an appeal by the defendant from a judgment of three hundred dollars against him in an action for damages for assault. The defendant was in the business of selling paints and the plaintiff was a builder. Plaintiff had engaged a third person to do some painting on a building which he was constructing and claimed to have paid such third person for his jrork and the materials used. The materials were supplied, however, by defendant, who caused a lien to be placed upon the building for their value. Plaintiff went to the place of business of the defendant and attempted to compromise with him upon his claim. He explained to the defendant that he had paid the painting contractor and should not have to pay the bill twice. Defendant declined to suffer any loss or to sacrifice his right to a lien. The plaintiff became angry and said, in effect, that he would take the matter up with the district attorney, whereupon defendant ordered him to leave the place.

The evidence of what happened thereafter is conflicting. Plaintiff states that defendant pushed him toward the door and after he had reached the sidewalk pushed him again and- that he twisted himself in attempting to avoid an…