Brainard v. Ten Eyck

The action was brought to recover the balance alleged to be due the plaintiff under a building contract. The amount claimed was $1,276.95.

The defendant alleges failure to perform and counterclaims damages by reason thereof of $1,000.

The contract price was $5,329. There have been made payments amounting to $4,140.80.

*22The balance alleged to be due is $1,189.20, to which are added extras amounting to $87.75, making the amount here sought by the plaintiff $1,276.95.

The jury rendered a verdict for plaintiff of $1,000.

The defendant moves to set aside the verdict on the ground that it is not in…