Chapman

Action for work, labor and services. The plaintiff had findings and judgment, and defendant appeals from the judgment and from an order denying a new trial.

In April, 1899, the defendant entered into a contract with the South Mountain Water Company to construct for it a pipe-line near Eedland's. On June 1st he entered into a contract with one George Nolan, in writing, to haul the pipe and cement necessary to construct it from the railroad, and distribute it along the line, for the first part of the line, to a specified point, at the price of $1.15 per ton, and for the remainder—the longer haul—at $1.50 per ton; Nolan “to stand all breakages in handling and hauling” the pipe. The plaintiff, D. D. Chapman, was consulted by Nolan in determining the terms upon which the contract should be taken, but, so far as known to Bent, had no interest in it, except that when Nolan commenced work under his contract, about June 9th, Chapman put on several teams, and did hauling thereon for Nolan upon the terms specified in the contract between *742 Nolan and defendant. The contract between defendant and the water company required the pipe-line to be completed on or before August 1st. Nolan, as…