Bruno

The action is to recover the sum of $985.75, alleged in the complaint to be due plaintiff for labor performed, for the hire of a team of horses and for a certain sum of money paid out by plaintiff for defendants for certain merchandise at the latter’s instance and request, and for services as a cook performed for defendants by plaintiff’s wife, the latter having for the purposes of collection assigned her claim for said services against defendants to plaintiff.

The complaint is in three counts, and pleads the several claims referred to as upon an express contract and also for the alleged services performed in the form of a common count, upon a quantum meruit.

The answer specifically denies all the averments of the complaint, and, by way of a “counterclaim and cross-complaint,” sets up a demand against plaintiff for the sum of $615.55, “for the balance of a book account for goods, wares, and merchandise sold and delivered by defendants to plaintiff, for board and feed furnished to horses of plaintiff, and for board and lodging furnished by defendants to and for the use and benefit of plaintiff, and for moneys paid out by defendants for plaintiff, at the special instance and…