Lewis
Lewis v. McNeal
Opinion
Lead Opinion
Shaw, J.
In this case plaintiff, as administratrix of the estate of George E. Lewis, her deceased husband, sued for the recovery of a balance alleged to be due his estate upon a contract made by defendant with deceased whereby he was employed to furnish labor and materials in the construction of a house of the admitted cost of $8,394.50, upon which, as alleged in the complaint, defendant paid $5,587.86, leaving a balance unpaid of $2,806.64. It was also alleged that defendant was indebted to plaintiff in said sum upon a mutual, open, and current book account. By her answer defendant admitted her employment of deceased, and that he furnished material and labor and made expenditures in the construction of said house in the sum of $8,394.50, all as stated in the complaint, but alleged that she had paid all of said sum due under the employment, save and except the sum of $284.44, which was the balance due to plaintiff; and likewise denied any indebtedness in excess of $284.44 upon the alleged open, mutual, and current book account. The court found the allegations of the complaint to be true and that plaintiff was entitled to judgment as prayed for, from which judgment so entered defendant has…