Moellering v. Kayser

Moellering sued Kayser on a note, payable in six months from January 12th, 1884, for two hundred dollars, with six per cent, interest and attorney’s fees.

The defendant filed an answer and counter-claim, in which he alleged, in substance, that the note sued on was executed for a balance claimed to be due the plaintiff, on a contract for the construction of a brick store building for the defendant. The contractor agreed to furnish the material and erect the building for fourteen hundred and thirty dollars.

*534It is averred that the plaintiff failed to complete the work according to the contract,…