
    DELINONICO ET AL vs. TRIZZINIE.
    Western Djst.
    
      October, 1836.
    APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING.
    A judgment, for even a part of the sum claimed by the plaintiff, rejects the defendant’s claim when it is pleaded in compensation and reconvention.
    If on an examination of the evidence, it appears no injustice has been done, judgment will be affirmed with costs.
    
      A judgment, for even a part of the sum claimed by the plaintiff, rejects the defendant’s claim, when it is pleaded in compensation and reconvention.
    If, on an examination of the evidence, it appears no injustice has been done, judgment will be affirmed, with costs.
    This is an action for work and. labor, performed by the plaintiffs, for tbe defendant. They allege that they all three worked as mechanics for the defendant, between nine and ten months, at the rate of one hundred dollars per month, and boarded, and that their work is worth nine hundred and sixty dollars, for which they pray judgment.
    The defendant pleaded a general denial. He further averred, that true it was he had hired the plaintiffs to work for him, but that they had imposed upon him, by representing themselves as good workmen, when, in fact, they were not so; that they spoiled his work, fell sick, lived and boarded with him for four or five months, and he paid their medical bills. He annexes an account for advances and payments, losses, and damages, occasioned by the plaintiffs, which he pleads in compensation and reconvention.
    • The district judge, after examining the respective accounts of the parties, and the evidence adduced, gave judgment for the plaintiffs, in the sum of three hundred and sixty dollars. The defendant appealed.
    
      Dunbar, for plaintiffs.
    
      Gayoso, contra.
    
   Martin, J.,

delivered the opinion of the court.

This is an action for work and labor done at a fixed price. The defendant has pleaded the general issue, and that the plaintiffs, who represented themselves as good and skillful workmen, were absolutely incapable of performing the work they had undertaken; that they spoiled his materials, and neglected their work, whereby he has sustained considerable loss, which he pleads in compensation and reconvention.

The plaintiffs established their claim to a considerable part of their demand, and had judgment for the sum of three hundred and sixty dollars, which rejected the defendant’s claim, set up in his pleas, and he appealed.

The case has been submitted to us without argument or points filed, and a close examination of the record has resulted in the conviction that no injustice has been done to the appellant. '

It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court be affirmed, with costs.  