House v. McKinney

The appellee brought this action against the appellant, on a common count, for work and labor done. Answer;—

Eirst. Denial;

Second. Payment;

Third and Fourth. Set-off.

Eeply, set-off and denial. Trial by jury; general verdict for appellee, and answers to nine special interrogatories. Motion for a new trial, overruled, exceptions, judgment, appeal.

We will notice the questions as they are discussed in the appellant’s brief.

1. Various motions were made to strike out parts of the several pleadings;—overruled. This court has often decided that this constitutes no error available here.

2. The appellant…