Berkowsky v. Specter

The appellee was plaintiff and appellant defendant in the trial court, in an action of assumpsit on promissory notes.

The defendant pleaded the general issue and a plea of set-off, in form the consolidated common count, alleging an indebtedness from appellee to him of $2.<>00. Among the considerations alleged in the count were goods, chattels and effects, sold, etc., work and services done and performed, and materials furnished, etc.

In the bill of particulars, filed September 11, 1897, with the plea of set-off, was the item:

“ To seven years board and room at $25 a month, $2,100.” The defendant…