Downey v. McGinn

The receipt signed “February 19, 1877. Received payment in full. John Hogan,” is conclusive as to the item of $368, which constitutes the difference between $1.10 and $1.12 per foot for 18,153 feet of bridge stone. Maginn claimed that he had agreed to pay only $1.10 and Hogan claimed $1.12. The account was to this extent disputed, and the par*479ties had the right to adjust it in the way they did. (Cook v. Knapp, 8 N. Y. 402 ; Palmenton v. Hoxford, 4 Den. 166 ; Pierce v. Pierce, 25 Barb, 243 ; Neary v. Bostwick, 2 Hill. 514 ; and 1 Den. 257 ; 14 Wend. 116 ; 46 N. Y. 640 ; 10 Id. 445). But the…