Owen v. Vanderslice

Defendant being sued upon his promissory note, pleaded two accounts for work and labor done in compensation and payment. The Court below properly rejected the evidence offered on the part of the defendant to prove that the work was done, and the prices charged were reasonable. C. C. 2205. The claim sued on was an unconditional promise to pay a sum of money certain. That set up in defence had neither been the subject of an agreement to pay a fixed price for the work, nor been liquidated by an acknowledgement of the correctness of the account after the completion of the work. The latter case…