Jenks v. Burr

This was an action of assumpsit, brought by the appellee to recover for materials furnished and work and labor performed in repairing a carriage or coach for the appellants.

It appears from the evidence, that, there was a controversy between the parties as to the amount actually due to the appellee, and before the suit was instituted the appellants offered to pay to the appellee the sum of $300 in full satisfaction and discharge of this claim. The appellee would not accept the money tendered, on the terms proposed, but was willing to receive it and credit the same on the general account.

VanVlee…