Leonard v. Smith
Supreme Court of Pennsylvania
Appeal, No. 229, Ja.n. T., 1898, by defendant, C. Smith, from judgment of C. P. Lackawanna Co., Oct. T., 1889, No. 256, in favor of plaintiff, E. J. Leonard, Receiver of B. E. Leonard and T. F. Leonard, trading as Leonard Bros., on exceptions to report of referee. Assumpsit for merchandise, material and work furnished. After issue joined, the case was referred to H. A. Knapp, Esq., as referee.
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Appeal, No. 229, Ja.n. T., 1898, by defendant, C. Smith, from judgment of C. P. Lackawanna Co., Oct. T., 1889, No. 256, in favor of plaintiff, E. J. Leonard, Receiver of B. E. Leonard and T. F. Leonard, trading as Leonard Bros., on exceptions to report of referee. Assumpsit for merchandise, material and work furnished. After issue joined, the case was referred to H. A. Knapp, Esq., as referee. The referee found a balance due by defendant of $2,358.14; that defendant was entitled to a set-off of $848.55; and that plaintiff was entitled to judgment for the difference, with interest. The set-off…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The referee found the facts as to the value of the plumbing work done by the plaintiff’s firm for the defendant, and the first ten assignments of error are directed mainly to an attack on the evidence on which the findings were based. It would be tedious and unprofitable to go through them in detail. The *287plaintiff’s bookkeeping was loose and afforded opportunity for error if not for fraud on the part of plaintiff’s workmen. Had the case been tried on strict law, the entries as to many of the items would probably have been excluded. But they were not necessarily…
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