Berlin Iron Bridge Co. v. Bonta
Berlin Iron Bridge Co. v. Bonta
Opinion of the Court
Opinion by
The plaintiff’s claim in this case consists of two items. One is for an alleged balance due upon a contract for the erection of a plate glass mill amounting to $4,659.24. The other is for extra work done upon the mill amounting to $189.70. The
The assignments of error are overruled and the judgment is affirmed.
Reference
- Full Case Name
- The Berlin Iron Bridge Company v. J. W. Bonta
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Contract — Promissory notes — Affidavit of defense. In an action to recover a balance alleged to be due upon a building contract, an affidavit of defense which alleges that the defendant had given certain promissory notes to the plaintiff to apply on the contract, without any averment that the notes had been paid or that they had been accepted as payment on the contract is insufficient to prevent judgment. Contract — Building contract — Affidavit of defense. In an action to recover a balance alleged to be due on a building contract, the defendant in his affidavit of defense averred that by reason of plaintiff’s delay in completing the work he had been prevented from carrying out a conti'act with a corpox’ation in which he had stock, and that the stock of the corporation had depreciated in value to the amount of about $5.00 per share, and that the defendant held twenty-three hundred and thirty-six shares of the stock. The value of these shares before and after the day the mill was to be completed was not stated. Thex'e was no averment as to when the depreciation took place, in what manner the extent of the depreciation was ascertained, how long the depreciation continued, or what was the value of the stock when the action was brought. Held, that the affidavit of defense was insufficient to prevent judgment.