J. F. Morgan Paving Co. v. Carroll

The existence of the debt sued upon, the amount thereof, and that it was past due when suit brought, are admitted facts.

The defense was that the debt was extinguished by payment, accord and satisfaction, or novation.

The court below gave the general affirmative .charge for plaintiff. The propriety of this instruction is the sole question here presented.

J. P. Morgan Paving Company, the defendant, was a road contractor, constructing a road under contract with the board of revenue of Jefferson county. J. L. Carroll, plaintiff, was a subcontractor of defendant. The debt accrued to plaintiff…