7 Kan. 412 | Kan. | 1871
The opinion of the court was delivered by
The defendants in error brought an action against plaintiff in error for $1460, stating the same in two causes. The first set forth, that in the month of February, 1870, the plaintiffs at the request of the defendant hauled the sto.no and constructed upon a certain pier at the railway crossing on Turkey creek, in Coffey county, 196 yards of stone work of the second class of masonry, for which the defendant contracted and agreed to pay the plaintiffs $6.25 per yard, and the further sum of fifty cents per yard for all stone hauled over one mile, and that plaintiffs did haul the stone for the construction of 100 yards of said stone work over one mile. The second cause of action is thus stated:
“ The said plaintiffs further complain and aver that the said defendant is further indebted to them in the further sum of $185 on an account of which the following is a copy:
“ To delivery of 55 yards of stone on the ground at Turkey Creek Bridge, at $8 per yard, $165.
“ To dressing 80 yards of stone at $2.50 per yard, $20.
“ The plaintiffs aver that there is due and unpaid on said amounts the sum of $185.”
The petition prayed judgment for $1460, the amount of both causes of action. The answer was a general denial. The verdict and judgment were for the plaintiff" for the amount claimed.
In the progress of the trial the defendant offered to-
It is claimed that it was error to exclude testimony of ■payment of the indebtedness set forth in the first cause of action. Evidently the court did right in e eluding it. "The issues were not framed to admit such testimony. Many other errors are alleged, but as they are not likely to arise on another trial we do,not feel called upon to comment upon them.
For the error indicated the judgment is reversed and .a new trial awarded.