Chandler v. Carey

Chandler sued the Careys in justice’s court. He ■declared orally in assumpsit upon the following instrument as a promissory note:

“$119.00.

“ For value received, we jointly or severally promise to pay Alonzo Heath, or bearer, one hundred nineteen dollars, on or before the first day of October next, upon completion of the work to be done by said Heath on a dwelling-house to be built by him for said first parties.

“February 7, 188J/.. Abbey J. Carey.

“D. W. Carey.”

The defendants pleaded the general issue, and gave notice of set-off and recoupment.

Upon the trial in that court the plaintiff testified…