Larsen v. Zimmerman

This action upon an account annexed for materials furnished and labor performed in the construction of a dwelling house is before us on exceptions to the acceptance of a referee’s report. The referee found for the plaintiff in the amount of the claim, or $776.11. The sole issue is whether the referee erred as a matter of law in find ing that the defendants had not established the defense of accord and satisfaction.

The bill of exceptions reads in part as follows:

“At the hearing before the referee defendants introduced in evidence, a photostatic copy of a bank check of Herman Zimmerman signed…