Metcalfe

Plaintiff recovered judgment for eight hundred odd dollars upon this action for a balance due for electrical work and materials furnished defendant. The defense of the defendant in the court below and his ground of appeal as appellant here, is that the parties had agreed between themselves upon the correct balance due and that such balance had been paid. He pleaded this defense as an account stated. The trial court made a finding against this defense and it is urged here that such finding has no support in the evidence.

The appellant’s claim is as follows: That the parties met in the office of the Great Western Power Company; that at that meeting the plaintiff claimed some $4,000 balance due and the defendant contended for only $2,900 balance due; that the parties agreed upon $2,900; that thereupon a sum of $3,200 due defendant from the Great Western Power Company was paid by check to plaintiff; that plaintiff accepted it with the understanding that he should cash the check and pay the difference ($300) to the defendant. Defendant presented a cross-complaint for the $300. Plaintiff admitted being present at the meeting, admitted discussion of the $2,900 and $300 amounts, and…