Kemp v. Union Gas & Oil Stove Co.

The alleged cause of action was a money demand on contract for $374, and the answer was a general denial and an alleged counterclaim for $700. The referee finds, as matter of fact, that plaintiff has only proved $41.14 of his claim, and that defendant has not proved any part of his *960counterclaim, and, as conclusion of law, that plaintiff is entitled to recover of defendant such sum of $41.14. It is conceded that the party entitled to costs should be granted an extra allowance, and the referee so certifies, and both parties now move for such allowance. The plaintiff’s recovery being for less…