Mulcahy

The plaintiff brought this action to recover from the defendant the total sum of $1,078, alleged to be the balance due to the plaintiff from defendant for merchandise sold and delivered to and services performed for the latter by the former.

The complaint is in four counts, in the first of which it is alleged that the plaintiff sold and delivered to and performed certain services for the defendant, and in each of the remaining counts it is alleged that, on the day named therein, the plaintiff sold and delivered to the defendant certain merchandise.

The defendant filed an answer in which he specifically denied each of the material allegations of the complaint, and, also, at the opening of the trial, and by leave of the court, filed what is termed by the document itself a cross-complaint, in which, after the formal averments, it is alleged: “That, within four years last past, said cross-defendant became, and still is, indebted to cross-plaintiff in the sum of two thousand and fifty-three dollars on an open and current account for moneys advanced to cross-defendant at its special instance and request”; that cross-defendant has not paid to cross-plaintiff said sum of $2,053, or any…