Salle

This action is of the nature of a common-law action of assumpsit. The complaint contains three counts: 1. For goods sold and delivered; 2. For money paid for the use of the defendant; and 3. For labor performed by plaintiff for the defendant.

As to the first count, defendant’s answer admits the sale of the goods, but pleads payment. As to the second, the answer merely denies that the defendant “ is indebted to plaintiff in the sum ” demanded, or in any other sum. As to the third count, the answer simply denies that plaintiff performed the alleged labor or any labor for defendant “at his instance and request.”

The answer alleged counterclaims against the plaintiff for money paid for plaintiff’s use; for money loaned; for personal property of defendant converted by plaintiff to his own use; and for pasturing plaintiff’s cow.

The balance of plaintiff’s demand, after crediting *167 defendant with payment of $129.39, is $873; and the amount of defendant’s counterclaims is $673.

The case was tried by a jury, whose verdict was for plaintiff in the sum of five hundred dollars, upon which judgment was rendered. The appeal is from the judgment, and from an order denying defendant’s…