Rose v. Eicher

Carr, P. J.,

^This is an appeal from the judgment of an' alderman. The action is assumpsit for a balance of $132.86 claimed to be owing to plaintiff upon a contract with defendants for cutting timber upon' the land of defendants and preparing it for the latter’s use. In their answer defendants have set forth a counterclaim for $662.58 as being treblé the value of additional timber alleged to have been wrongfully' and willfully cut down by plaintiff upon the same premises at the same time and converted to his own use. Plaintiff has filed preliminary objections-questioning the right…