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HESTON v. MARTIN

         JUDGES: Baldwin, J., delivered the opinion of the Court. Field, J., concurring.

         OPINION

          BALDWIN, Judge

         This appeal is without merit, and it is apparent that the only point seriously urged by the appellant--to wit: that an account is necessary, giving the items of work and materials in the statement of lien filed--cannot be maintained in case of a contract for a sum in gross.

         Judgment affirmed, with ten per cent. damages.

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Heston v. Martin
(Oct 1, 1858)