Phelps v. Hubbard

A single point is presented in this case: whether, under the facts, the plaintiff can recover for the work performed, when there was a special contract in writing ?

The declaration is in indebitatus assumpsit, and the proof shows that there was a written agreement under seal, between plaintiff in error of the one part, and defendant in error and one Adams of the other part, for the performance of the work.

■ After a partial performance, the parties had a settlement, as it was termed by plaintiff in error, and the result was as follows:

“Hubbard’s indebtedness, - - - §3,754.87

Credited, -----…