A foreman hired James S. Evans (plaintiff) to work at a stone quarry. Homer Ruth (defendant) owned the company performing the work. Documentation of each load of stone was made, with Ruth and Evans each receiving a copy. When Evans presented his bill to Ruth, Ruth acknowledged that Evans had completed the work and promised to pay him. Ruth did not pay Evans and later offered to pay 53 percent of the amount owed, which Evans refused. Ruth denied any contractual obligations to Evans, alleging that his independent subcontractor, George Darr, was responsible for nearly the entire job. Evans brought an action in assumpsit to recover money owed for his work. Evans received a judgment in his favor in the lower court. Ruth appealed to the Pennsylvania Superior Court.