Brennan v. Tietsort

Brennan sued Tietsort under the common: counts and filed a bill of particulars of work and labor and a few items of cash, and a steel hammer. Defendant, under the general issue, gave notice and particulars of set-off.

On the trial the court refused to allow defendant to prove any payments on plaintiff’s demand, except such items as were contained in his particulars of set-off. The case comes up chiefly on this ground.

The rule is well established that payment can always be shown under the general issue in assumpsit, although in some other forms of action it was required at common law to be…