Beaver Dam Marble Co. v. William H. Jones & Co.

Citations

• 28 Del. 272
• 5 Boyce 272
• 92 A. 1012
• 1915 Del. LEXIS 3

Syllabus

<p>1. Trial—Instructions—Weight of Evidence.</p> <p>The jury are the exclusive judges of the weight of the evidence, and in a civil case are bound to determine the issues according to the weight or preponderance of the evidence in favor of either party.</p> <p>2. Work and Labor—Stone Delivered and Used.</p> <p>Where plaintiff delivered stone to defendant without any special agreement or contract, and the stone was accepted and used by defendant, plaintiff is entitled to recover the reasonable value thereof.</p> <p>3. Account Stated—What Constitutes.</p> <p>Where an account is rendered, showing a balance due from one person • to another, and the indebtedness so expressed is acknowledged to be due by the debtor, or where persons having previous transactions agree on a definite balance as due from one to the other, such agreement will constitute an “account stated”.</p> <p>4. Set-off and Counterclaim—“Recoupment”.</p> <p>“Recoupment” is the right of a defendant in the same action to claim damages from the plaintiff, either because it has not complied with some cross-obligation of the contract on which it seeks to recover, or because it has violated some duty which the law imposed in making or performing the contract.</p> <p>5. Evidence—Recoupment—Burden of Proof—Damages.</p> <p>The burden of proving matter in recoupment is on defendant, and goes only in reduction of claimant’s demand; defendant not being entitled to recover any balance or excess.</p> <p>6. Trial—Conflicting Testimony—Duty to Reconcile.</p> <p>It is the duty of the jury to reconcile conflicting testimony, if possible, .and, if not, to believe such evidence as they deem most worthy of belief, considering the interest, bias, or prejudice of the witnesses.</p>