Niver v. Nash

The opinion of the court was delivered by

Hoyt, J.

This action was brought to recover for certain plans for a brick building, and for services in superintending its erection. The defendant, in his answer, after making certain denials, and pleading a separate defense, set up a counterclaim, in which it was alleged that the plans furnished were defective and the superintendence not what it should have been, and that, as a result thereof, he had been greatly damaged. Upon the trial, defendant offered proof tending to establish such counterclaim. The court, on the objection of the plaintiff,…