Mahder v. Wax

This case was commenced by the filing of a declaration containing four special counts and also all the common counts in assumpsit. The plaintiff claims the special counts were in assumpsit. The defendant ■ pleaded the general issue with notice that a settlement had been made and a receipt given and also gave notice of other defenses. The case was tried before a jury. Upon the trial plaintiff admitted the parties agreed upon a settlement of their differences and that a receipt was given, but insists it was on the defendant’s promise to pay the amount agreed upon the next day, which promise was…