Gallagher

The plaintiff commenced an action to recover the amount of an assessment alleged to be due him as contractor for installing certain street work. The defendants appeared and answered. Their answer contained certain denials and also pleaded affirmatively other defenses. Among the affirmative defenses was the claim that the assessment was excessive. A trial was had before the court sitting without a jury. The trial court made findings in favor of the plaintiff and from a judgment entered thereon the defendant Yoyce has appealed.

The defendant contends that the trial court erred in sustaining an objection to the introduction by the defendant of evidence tending to show that the' amount sued for by the plaintiff was an overcharge.’ The plaintiff makes two replies. He asserts that the trial court did not make the ruling complained of and in the second place, if it did, the ruling was correct. Both replies are sustained by the record. As to the matter of excluding proof the record clearly shows that the trial court offered to allow the proof to be made and that the actual adverse ruling of which the defendant complains consisted of a document made by one of the defendant’s witnesses and…