Keeler v. Herr

The appellees built for, and under a written contract with, the appellant, 1,650 feet of dock along the Calumet river.

The work was completed November 21,1890—except some posts omitted then by agreement, of the value of §150— and should have been then paid for in full; but though the whole amount was §11,812.50, only §2,000 was paid, and this suit is to recover the residue.

The appellant endeavored to prove defects in the work, and there was conflicting testimony upon that subject.

It is not denied that the verdict is final upon the facts.

The money being due on an “instrument of writing,” bore…