Michigan Supreme Court February 14, 1928, Docket No. 100. (Bennett-Waltman & Co. v. Smith)

Wiest, J.

An agent of defendant employed plain

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tiff company to fill a lot with earth, and this suit was brought to recover for the work performed. Under plea of the general issue defendant gave notice of set-off. The issues were tried before the court without a jury and judgment rendered in favor of plaintiff for an amount considerably less than its demand. Defendant reviews by writ of error.