Borders v. Gay

Gay was a cropper of Borders, and, at the end o£ the- year, claimed a balance due for labor, and was proceeding to foreclose a laborer’s lien for this balance claimed. The landlord filed counter-affidavit and bond, and set up by way of recoupment an account for supplies furnished the laborer during the year. Relating to the issue thus made, there was evidence authorizing a finding either way. The jury found in favor of the laborer, and the landlord excepts to the overruling of his motion for a new trial.

*735It is conceded that the, judgment should be affirmed unless the court erred in refusing to…