Burke v. Breazeale

The plaintiff claims $2949, which he alleges is due to him by the defendants, Breazeale and Boyce, at whose request he dug a ditch of 983 rods in length, which at three dollars per rod amounts to the sum claimed. He admits he has been paid $525 by Breazeale, $280 hy Boyce, and $200 hy Bordelon, whose property was also benefited.

The defendants severed in their answers. Boyce admitted the contract alleged in the petition, hut averred that the ditches were not *74cut of the depth or width mentioned in the contract, but are so shallow and narrow, that they have failed to answer the intended object…