Johnson v. Jones

Gamble, Judge,

delivered the opinion of the court.. Johnson sued Jones and others, alleging that in consideration of his giving the ground upon which a railroad was to be located through his land, the defendants, as members of the association for constructing the road, agreed to make a fence of a certain description on each side of the ground so given, and alleges the failure to make the fence, with a statement of the damages he had sustained thereby. The defendants, in their answer, admit the facts stated in plaintiff’s petition, and by way of defence, set up as an offset a balance due from…