Cairy v. Randolph

The judgment of the court was pronounced by

Rost, J.

The plaintiff sues upon a building contract, and claims the sum of $600 which is the entire consideration of it.

The defendants admit the contract, but aver that the plaintiff has failed to fulfill the stipulations on his part, and that so far from having derived any benefit from his work, they have sustained, in consequence of it, $500 damages, which they claim in reconvention. There was a vei'dict and judgment in favor of the plaintiff'for $350, and the defendants appealed.

The argument of the counsel for the appellant is, that the plaintiff…