Lambert v. Jefferson

FOSTER, Justice.

The Court of Appeals held that the sixth plea was subject to demurrer, because it was not sufficient in respect to the damage claimed, and because “no facts tending to show a breach were set forth.”

The complaint was in a common count for work and labor done. The sixth plea was one of recoupment, for that in respect to the contract for labor sued on plaintiff verbally agreed, as a feature of his work for defendant as sales manager, to perform the duties usual and proper in such employment and to conduct said business as sales manager in a careful skillful and diligent manner;…