TAFT, J.
There is evidence in the record tending to prove that the ladder which broke was a ladder of the defendants.
The written and signed agreement between Kendall and the defendants read in full:
"Scrape and whitewash for $160. for back."
Construing the evidence most favorably for the plaintiff, there is evidence which tends to prove that, before or at the time the agreement was signed, nothing was said about who was to furnish ladders...
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