Gardner

The plaintiff brought this action to recover the sum of seven hundred and seventy-one dollars, balance of account alleged to be due for -work, labor, and services done and performed by him for defendants, between the fifth day of August, 1889, and the fifth day of August, 1891, under an agreement by them to pay him fifty dollars per month for such labor and services.

The answer denied that defendants were indebted to the plaintiff in the sum named in the complaint, or in any sum whatever; denied that they ever agreed to pay plaintiff fifty dollars per month, or any sum greater than forty dollars per month; and alleged that the plaintiff had been paid in full for all services rendered to and all indebtedness held by him against them, or either of them. The answer further, by way of counterclaim, alleged that prior to the commencement of the action plaintiff was indebted to defendants in the sum of four hundred and twelve dollars and forty-two cents for balance of a mutual and running account between them, after allowing him the full amount of his wages at forty dollars per month, and that said amount was past due and plaintiff had paid no part thereof.

The case was tried before a…