NICHOLS, J.
1. One of the grounds of Grigsby's motion for directed verdict, on which motion his motion for a judgment non obstante veredicto is based, is that the evidence showed that the defendant Phillips was not "the contractor" but was a member of a partnership composed of himself and one Bill Taylor, and that the contract to improve the real estate was held by the partnership; that since Taylor had not been sued nor was the plaintiff relieved from suing him under...
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