Dyer v. Jones

This was an .action of book account, in which defendant claimed an offset, of $72 for chopping trees on plaintiff’s land, leased to defendant. One of the conditions contained in the lease is “ that defendant may chop a s much as he pleases at $2,75 per acre,” and the manner of performing the work is particularly specified. The defendant charged according to the stipulated price. The plaintiff gave evidence, tending to show that the *206work was done'in such a manner as to be of no value to him. The auditors report,that they allowed defendant what he deserved to have f"r V’ie work, being less than…