Griswold
Griswold v. Pieratt
Opinion
Lead Opinion
Britt, J.
Plaintiff alleged in his complaint that he employed defendant to bud a quantity of young fruit trees; that defendant agreed to bud the same in a careful and skillful manner, and thereupon entered upon the execution of the contract and budded the trees, but so negligently performed the work in certain specified particulars that plaintiff suffered damage to the amount of eighteen hundred and fifty-eight dollars and fifty cents, for which sum he demanded judgment. Defendant admitted in his answer the fact of his employment by plaintiff and that he budded the trees, but denied *262 the alleged negligence, and averred in substance that any damage to the trees of plaintiff arose from the latter’s mismanagement in the matter. Then, for a counterclaim, defendant pleaded that plaintiff agreed to pay him for his services in budding the trees so much as such services were reasonably worth; that he, the defendant, completed the work on October 29, 1892, and that his services were reasonably worth the sum of two hundred and forty dollars; that on November 1, 1892, the parties “bad an accounting and settlement of all accounts and differences between them in relation to budding of said trees,…