Fitch v. Haight

Citations

• 5 Scam. 51

Syllabus

<p>Appeal from Winnebago.</p> <p>r. Plea — of accounting, bad. Toan action upon the case against joiners and house carpenters, for unskillful work and waste of lumber, the defendants pleaded that after the committing of the grievances, the plaintiff, being apprised of the same, and the defendants accounted, reckoned, and settled concerning all the supposed grievances, and of and concerning the sum agreed to be paid to the defendants for the work, and upon that accounting, the plaintiff, in consideration that the defendants received and accepted of the plaintiff in lull payment for the work, the promissory notes of the'plaintiff for $103.50 and $90,’the plaintiff agreed to paysaid two sums of money in full satisfaction of the grievances, and then and there accepted the work': Held, that this plea’was bad, because it showed no satisfaction, and was contradictory.</p> <p>2. Same — same; sufficient. In the same case the defendants also-pleaded alike accounting, and that the plaintiff, in consideration that the defendants did then and there remit a reasonable sum from their account for said woik, on account of said grievances, executed his promissory note to the defendants,'for $103.50, as and for the balance found to be due the said defendants on such accounting: Held, on demurrer, that this plea was substantially good.</p>