Sager v. Tupper

Plaintiff in error brought assumpsit against defendants in error for the recovery of money paid out, materials furnished and work and labor done by the plaintiff for the defendants, amounting in all to about the sum of seven hundred and fifty dollars.

The defendants pleaded the general issue, with a notice of set-off; they also gave notice that they would show and insist in their defense, that if any such promises were made as plaintiff in his declaration alleged, they were made by the defendant Nelson Tupper, in consideration that plaintiff would at his own cost and *261expense furnish certain…