Williamson and Messinger v. Sale

Opinion by

Gawthrop, J.,

Plaintiffs’ action was brought to recover a balance claimed to be owing for work done and material furnished in installing parquetry floors. The affidavit of defense and counter-claim averred that as the result of the use of green lumber and bad workmanship defendant was obliged to have the work done over in part at a cost in excess of the balance sued for, and notice was given of the intention to ask for a certificate against plaintiffs. It was averred also that defendant notified plaintiffs that he would have the work done over so far as the defective portion was…