49 N.Y.S. 896 | N.Y. App. Div. | 1898
We think that this order should be reversed. The complaint is upon an account stated. The answer denies each and every allegation of the complaint; and, as a separate and further defense and as a counterclaim, alleges the making of a contract between the plaintiff and the defendant, whereby the plaintiff was to do- certain work for the defendant for the sum of $425; that, in addition to the amount admitted by the plaintiff to have been received from the defendant, the defendant paid him the sum of $190 in order to induce the plaintiff to finish the work; and that the plaintiff, notwithstanding the receipt of the amount of money, has failed to complete the work, to defendant’s damage in the sum of $150, for which the defendant demands
The order appealed from is reversed, with $10 costs and disbursements, and the motion denied, with $10 costs to abide event. All concur.