Guho

This is a motion to dismiss an appeal upon the ground that the judgment appealed from has been paid and fully satisfied.

In a complaint containing only one count, the plaintiff sought to recover a balance of $10,484.91 for certain work done for the defendant city under a written contract, the further sum of $16,759.82 for extra work alleged to have been done in connection with the work covered by the contract, and an additional $10,193.15 for damages alleged to have been caused by the interference of the defendant’s agents with the work in question, making a total demand of $37,437.88. The defendant admitted that it owed a portion of the contract price and tendered into court $10,379.18, which amount the plaintiff refused to accept. At the close of the plaintiff’s case, the defendant moved for a directed verdict for the amount previously tendered, and “for the purposes of this motion only” conceded that interest on this amount should be allowed for about one year. While the matter of interest on the amount tendered was in dispute, the defendant, contending that the plaintiff was not entitled to interest thereon, since he had refused to accept the same when it first became due,…