Heidenheimer Bros. v. Baumgarten

GARRETT, Chief Justice.

— This was an action brought in the District Court of Payette County by Abraham Heidenheimer, composing the firm of Heidenheimer Bros., against Christian Baumgarten, upon a contract for the settlement of account for a balance alleged to be due upon a statement thereof in accordance with the contract. Defendant admitted the execution of the contract, but averred, that the statement of the account presented by the plaintiff and sued upon was wholly incorrect and false; that plaintiff had repudiated the contract by presenting and suing upon such false and incorrect…