McLean v. Rice

MR. COMMISSIONER LENTZ

prepared the opinion for the court.

This is an action to recover the contract price for putting up hay. Defendant answers that plaintiff has been paid in full, and sets up a counterclaim alleging negligence on the part of plaintiff in putting up the hay. The reply puts in issue the allegations of the answer, and attempts to plead an estoppel or a waiver of defendant’s right to claim dam*558ages. • Defendant appeals from an adverse judgment, and from an order denying his motion for a new trial.

1. The court’s instruction No. 1 reads as follows: “The court submits to the jury…