Burnett & Sherman, Inc. v. Conroy

This is an action of contract to recover upon an account annexed for labor and materials alleged to have been furnished by the plaintiff on the order of the defendant in the repair of an automobile owned by the latter. The defendant in his answer pleaded general denial, payment, and accord and satisfaction.

The material findings of fact were in effect that the automobile was damaged by fire occurring on a public way and was taken to the plaintiff for repairs. The plaintiff and defendant contracted together that the plaintiff should make the necessary and stipulated repairs and that the…