Booth v. Booth & Bayliss Commercial School, Inc.

The complaint was in two counts, the first the common counts, amplified by a bill of particulars setting forth a salary account of the plaintiff with the defendant, showing a credit balance of $3910, the second alleging indebtedness of that amount. The answer admitted that the sum was credited to the plaintiff on the books of the defendant but denied that it or any part of it was due and, in a special defense, alleged an agreement that salary should be drawn by the plaintiff and another employee, Bayliss, only in equal amounts from time to time and “as the financial condition of the defendant…