Read v. Jeffries
Supreme Court of Kansas
Error from Cowley District Court. Action by Jeffries to recover a balance of $59.37 and interest, alleged to be due for work and labor. On appeal to the district court the case was referred to T. H. S. for trial.
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Error from Cowley District Court. Action by Jeffries to recover a balance of $59.37 and interest, alleged to be due for work and labor. On appeal to the district court the case was referred to T. H. S. for trial. The referee found the plaintiff’s claim was just, and that Read had a legal set-off amounting to $22.60. The record shows that on the trial Read offered in evidence the docket of a justice of the peace showing a legal and unsatisfied judgment in Read’s favor against Jeffries and another, which judgment was SO'offered by Read as a further set-off against plaintiff’s claim, and that…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
During the year 1873 Read was the owner of a lot in Winfield, upon which he was putting up a bank building. The carpenter work was let by contract to one Tansey. Jeffries was employed by Tansey, and did work under him upon the building. When the building was completed there was a balance still due Jeffries for his work. For this balance he was proposing to file a lien, but desisted upon the statement of Read that another party had filed a lien, and his promise that he would make that a test suit, and if compelled to pay that claim would pay…
2Cases cited2 opinions
- Burnes v. SimpsonSupreme Court of Kansas · 1872
- Stevens v. AbleSupreme Court of Kansas · 1875
3Cited by10 opinions
- City of Sapulpa v. YoungSupreme Court of Oklahoma · 1931
- Lewis v. AdamsCalifornia Supreme Court · 1886
- Fanson v. LinsleySupreme Court of Kansas · 1878
- Miller v. MurphyCalifornia Supreme Court · 1921
- Berkley v. TootleSupreme Court of Missouri · 1901
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