Smith v. Scully

The opinion of the court was delivered by

Johnston, J. :

Two actions which William Scully had brought against Robert Smith, to recover unpaid rentals for farming lands, were, by order of the court, consolidated. In the. consolidated case an amended petition was filed, which included numerous items of charges and credits covering a period of twelve years. It was averred that there had been settlements between the parties of many of the items, but the accounts for rents and taxes for nearly three years were not included in any of the settlements. The answer of the defendant denied the settlement…