The plaintiff's testimony was that he had employed the defendant to wire the compressors, thermostat controls, and lights for the refrigeration equipment which had been installed in his store by a refrigeration company, and that the refrigeration company had positioned the compressors and the coolers. The evidence presented by the defendant was that the defendant was employed to hook up equipment furnished and installed by the refrigeration company and to connect the thermostats as directed by the refrigeration company, and that the defendant did connect the thermostats as directed by employees of the refrigeration company. Held:
We cannot say that this evidence as a matter of law does not support the verdict, imparting a finding that the defendant did not breach the contract. Whether or not the testimony as to the instructions given the defendant's employee by the refrigeration company, admitted without objection, was hearsay as contended by the plaintiff, the evidence, exclusive of this, was sufficient to support a finding that the defendant performed the contract.