Duty Smith v. John M. Eddys.
Supreme Court of Rhode Island
This was an action of assumpsit on a promisory note, and was tried in the Court of Common Pleas at the June Term, 1850, before Staples, J. and came up upon exceptions to the rulings of said Court. The note was dated at Burrillville, May 10, 1847, and was for thirty dollars, payable on or before the first day of August following, with interest if not then paid ; interest to stop if house finished ; and signed by the defendants.
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This was an action of assumpsit on a promisory note, and was tried in the Court of Common Pleas at the June Term, 1850, before Staples, J. and came up upon exceptions to the rulings of said Court. The note was dated at Burrillville, May 10, 1847, and was for thirty dollars, payable on or before the first day of August following, with interest if not then paid ; interest to stop if house finished ; and signed by the defendants. The defendants pleaded in off-set, á claim for work and labor done, and produced a written contract between the plaintiff and defendants, by which, for a certain sum…
1Opinion of the Court
The opinion of the Court was delivered by
Haile, J.
The defendants’ plea of set-off in this case, and the ruling of the Justice of this Court, who presided in the Court of Common Pleas at the trial of this cause, as to the admissibility of the evidence offered by the defendants, presents for our consideration and determination, the question, whether in an action on a promissory note, the defendants have the right to plead, as set-off, their claim for a reasonable compensation for their services in part performance of their written contract to build a house for the plaintiff at a stipulated…
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