Newman v. McGregor
Ohio Supreme Court
Writ of error to the court of common pleas of Richland county,, adjourned for decision from that county. The plaintiff below declared in the common counts in assumpsit for work and labor, for goods sold, and for money lent, paid, and had and received. Issue was taken upon non assumpsit, and a notice of set-off.
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Writ of error to the court of common pleas of Richland county,, adjourned for decision from that county. The plaintiff below declared in the common counts in assumpsit for work and labor, for goods sold, and for money lent, paid, and had and received. Issue was taken upon non assumpsit, and a notice of set-off. On trial the bill of exceptions shows that the “ plaintiff adduced in evidence a book account, containing an item for the clearing of land, and proved by several witnesses that he had nearly cleared the ground, proved that they were at the rolling of the logs, that the defendant then…
1Opinion of the Court
Judge Wright
delivered the opinion of the court:
Neither the evidence offered, nor the charge of the court, nor the matter excepted to, are very clearly set forth in the bill of exceptions. It is difficult to discover the real matter in controversy. We think, however, the bill of exceptions shows there was a contract for clearing not less than three acres of land, at three dollars an acre, to be paid in wheat at fifty cents a bushel; and that the log rolling was brought on before the work was done, by defendant’s permission, because the plaintiff’s wife was about to remove .and could not cook…
2Cases cited8 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Perkins v. HartSupreme Court of the United States · 1826
- Raymond v. BearnardNew York Supreme Court · 1815
- Banorgee v. HoveyMassachusetts Supreme Judicial Court · 1809
- Whipple v. DowMassachusetts Supreme Judicial Court · 1807
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Swee v. BregenzerCuyahoga Circuit Court · 1912