Bloom

The plaintiff, as assignee of one Charles M. Stetson, brought this action to recover the sum of $844.90, balance alleged to be due and unpaid for services rendered by Stetson as constable in the levying upon and sale of certain real property under an execution issued upon a justice’s court judgment in favor of the defendant.

Before any services were rendered Stetson executed and delivered to defendant an agreement in writing, reading as follows:

Stetson, by his deputy, made the levy and sale, and was engaged in the work ten and one-half days. The defendant bid in the property for $1,248.10, and the return shows that the constable’s fees amounted to the sum of $928.90. On October 29, 1891, defendant paid to Stetson, or his deputy, $59.85, and of this sum $52.50 was to pay for said ten and one-half days’ work at the agreed price of $5 per day, and $7.35 was to pay certain extra expenses. Afterwards, on November 2d, defendant paid Stetson $10, and received from him a receipt reading as follows:

The court found that “said Stetson received and accepted said several sums of money, aggregating in the whole the sum of $69.85, in full of all demands which he had against the defendant on…