Wagman v. Bakst

This action was brought to recover for work, labor and services performed and for materials furnished. Defendant set up, among other defenses, that the plaintiff had agreed to perform the work and furnish the materials for the sum of eight dollars and upon this issue the court below found in favor of the defendant. The defendant claimed in his answer that he tendered this amount to the plaintiff before the commencement of the action and that before the trial he had deposited that amount into court. The court below found, as stated in a memorandum filed by the trial justice, that “ the…