Marsh v. Rogers

Plaintiff brought this suit to recover pay for gravel sold and delivered to defendants. Defendants contracted to build a stretch of concrete road in Roscommon county and needed gravel. Under plea of the general issue defendants gave notice of payment, made confession of a small sum due and pleaded tender thereof before suit, and alleged special agreement and breach thereof by plaintiff to defendants’ damage, with claim of right of recoupment. Plaintiff had verdict and judgment and defendants prosecute review by writ of error.

There is no merit in the claim that the court was in error in not…