Garland v. Smith

Plaintiff instituted this action to recover from defendant a balance of $591.21 alleged to be due for the performance of certain work provided for by the terms of a contract entered into between the parties and for the reasonable value of additional work performed by plaintiff which was not included in the contract. The defendant filed an answer containing a general denial of all allegations of the complaint and a cross-complaint whereby he sought to recover from plaintiff the sum of $315 on account of a promissory note in this amount executed by plaintiff to defendant as payee and an additional sum of $314.77 alleged to be due from plaintiff as an overpayment for work performed pursuant to the contract mentioned in the complaint and under a second contract which provided for the performance of similar work on another building. The plaintiff filed an answer generally and specifically denying the allegations of the cross-complaint.

The trial court before whom the action was pending ordered that it be referred to a designated referee who should try all issues both of law and of fact. In accordance with the order thus made the case was tried before the referee appointed by the…