Bryer v. Eckman

This is an action of contract in which the plaintiff seeks to recover damages for an alleged breach of an agreement which the plaintiff contends was made by him with the defendant, in settlement of a claim arising from a building contract between the defendant and the plaintiff’s assignor. The answer of the defendant, so far as is pertinent to the issues now raised, in substance is a general denial; wilful breach of contract on the part of the plaintiff’s assignor excusing the defendant from further performance; failure or partial failure of consideration of any agreement for settlement; and…