MacDonald ex rel. Leahey v. Piper
MacDonald ex rel. Leahey v. Piper
Opinion of the Court
Per Curiam,
This action of assumpsit was brought to recover a balance alleged to be due by the defendants for plaintiff’s services as civil and mining engineer and for other services and work performed and done by him for defendants at their request, etc., and amounting to 11,599.13 as set forth in his statement of claim.
In substance, the defense was settlement and payment in full. Evidence tending to sustain their respective contentions was introduced by each of the parties. The defendants among other things gave in evidence a receipted bill, the last lumping item of which is, “ For mine work in 1891 and 1892, being in full for all work to January 1st, 1893.”
Without referring in detail to the several items of claim and defense, which would consume considerable time to no useful purpose, it is sufficient to say that the case involved questions of fact which were clearly for the exclusive consideration of the
Reference
- Full Case Name
- L. MacDonald to use of Patrick Leahey v. W. H. Piper and John Lewars, trading as W. H. Piper & Company
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- Evidence—Receipt in full—Burden of proof. A receipt in full is prima facie evidence of settlement, and cannot be set aside except for weighty reasons, such as fraud, accident or mistake, which must be made to appear distinctly; if the evidence is evenly balanced the receipt must control.