The plaintiffs sued for the value of work, labor, and materials furnished to defendants in building, foundation walls of a house. The defendants deny that they employed the plaintiffs for this purpose, and claim that they had absolutely nothing to do with this work on the foundation, as the entire work was covered by a general
While the trial justice has had the advantage of seeing the witnesses, and his determination of the facts would therefore ordinarily be conclusive upon us, the parol testimony of the defendants .could not possibly be so convincing as to destroy the mute testimony in contradiction of the written contract signed by them. So long as this contract is unexplained, a finding that the work of building the foundation walls was performed for the general contractors must be against the weight of evidence.
' Judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.