Mackay v. Kahn

This was an action upon an account stated between the parties for work, labor, and services rendered and materials furnished by the respondent to the appellant. The appellant does not seek a reversal because substantial justice has not been done by the judgment, but on technical grounds, which leave unaffected the defendant’s liability for the amount claimed and recovered; but insists that before commencing his action the respondent took what is claimed to be a due-bill from the appellant, which he neither returned, nor offered to return, before or at the trial. The paper referred to by the…