Whitney

The complaint alleges that in October, 1902, plaintiff sold and delivered to defendants two hundred and fifty barrels of red Alaska Salt Salmon at $7.50 per barrel, less a discount of five per cent, making the total amount due $1,781.25; that the same had not been paid, except the sum of $850 on account, leaving $931.25 due and unpaid. The answer denies specifically the allegations of the com plaint, and by way of counterclaim alleges that the plaintiff is indebted to the defendants in the sum of $1,593.75 for work and labor performed by defendants for plaintiff at its special instance and request, no part of which has been paid except the sum of $931.25, and concludes with a prayer for judgment against plaintiff in the sum of $662.50.

The court found that the allegations of the complaint are true, and as to the answer it found: “It is not true that within "the two years prior to the filing of defendants’ answer herein, or at any other time, the defendants performed work and labor or either thereof for plaintiff at the plaintiff’s special instance and request or otherwise, or for which the said plaintiff promised and agreed to pay the said defendants the sum of one thousand five…