Walton v. Cherokee Colliery Co.

Williams, President:

Plaintiff sued defendant in assumpsit to recover a balance alleged to be due on contract for the construction of a piece of railroad and the building of coke ovens for defendant, at a stipulated price, and recovered a judgment in the circuit court of McDowell county for $481.85. Defendant sued out this writ of error.

The evidence is not made a part of the record. Defendant tendered a notice of recoupment which the court rejected, but which it made a part of the record by its order. The notice alleges that plaintiff undertook to build a certain piece of railroad track and to…