Offutt v. Scribner

The language of the contractors’ receipt which the defendant adduced in evidence, would seem to imply that the payment was made by the latter “ in anticipation,” and “in advance of the sum due.”

If so, the case falls within the intendment of Article 2745 C. 0., and the 6th Sec. of the Act of March 18th, 1844.

But, it is contended that the owner is only liable, under the statute, for the amount that would have been due to the contractors at the lime of the service of the attested account, in the same manner as if no such payment had been made, and that, therefore, the burden was on the…