34 Fla. 212 | Fla. | 1894
Walter E. Coumbe, the defendant in error, sued Warburton, the plaintiff in error, in the Circuit Court -of Polk county, by the summary statutory proceeding in attachment to enforce an alleged laborer’s lien upon -certain lots of land in Polk county and a steam sawmill and machinery located thereon. The amount of the claim sued for was $608.79. The lien is claimed .and sought to be enforced under the provisions of Chapter 3747, approved June 3rd, 1887. The labor performed, for which the lien is claimed, was chiefly that of book-keeper for the defendant in his saw-mill business, and in other business enterprises in which the defendant was engaged. A notice of the lien was Tiled in the Circuit Court clerk’s office on February 21st, 1888, and the summary suit by attachment to enforce it was instituted on the same day.
The items of the account for which ihe lien is claimed are as follows:
1885.
.Jany., 9th. Part of traveling expenses N. Y. to Acton................ $10 00
Salary 25th Jany., 1885, to 30th April, 1886, 3 J months, at $40 per month................. 130 00
Salary 1st May, 1885, to 18th February, 1888, 33 months, 18 days, at $60 per month..... 2,016 00
$2,336 00'
Cr. by payments............. 1,727 21
Balance sued for............. $608 79'
The cause was submitted to a jury who returned a verdict for $600, upon which the court entered judgment against the defendant for $600 besides the costs,, and the further sum of $100 as an attorney’s fee for the enforcement of the lien. To this judgment the-defendant Warburton has sued out a writ of error.
Various errors are assigned, but we shall notice but one of them, as that will dispose of the whole case. The defendant moved for a new trial upon the ground that the verdict was contrary to the evidence, and contrary to law. To sustain his alleged lien the plaintiff testified that Warburton represented various large business interests, such as ‘‘Key West Gas Light Co.,” agent for Hanbury lands, also general land agent; for all these various agencies I kept the books, attended to the correspondence, and did such other things as directed by Warburton. I was book-keeper and manager for the Acton saw-mill. I also acted as clerk and caterer for the Acton hotel that Mr. Warburton owned during the time I worked for him. He says further that the saw mill closed down iu June, A. D. 1887, and did not run again up to the time he quit the employment of W arburton. From the time the mill shut down to the time he quit the defendant’s employment, he says that he drummed for the sale of the lumber on hand, and also tried to sell the mill. The plaintiff in.
The judgment is, therefore, reversed and a new trial ;a warded.