Dilley & Walker v. Roman

LeGrand, C. J., delivered the opinion of this court. This is a case under the lien law of 1841, chapter 76, and its supplements, growing Out of a claim for lumber furnished on or about the erection and construction of the building described in the proceedings. The whole amount of lumber furnished, as appears from the account of the plaintiffs, is $631.74. On the account credits are given, for cash and lumber, to the amount of $497.21, leaving a balance of $202.83.

The credit for lumber is $323.83. To the claim of $202.83, the defendants filed their plea of set-off, stating that the plaintiffs, before and at the time of filing their lien, and the issuing of the scire facias thereon, and from thence have been and still are, indebted “unto the Parker Vein Coal Company in a much larger sum of money than the money due and owing from the said J. Philip Roman and Chas. S. Darrow, and for which the said Dilley &. Walker have filed their said lien against the said Roman and Darrow, to wit, in the sum of $366.60, current money, for lumber sold and delivered by the said Parker Vein Coal Company to Dilley & Walker, before that time, at the special instance and request of the said Dilley & Walker, which said sum of money still remains wholly due and owing and unpaid to the said J. Philip Roman and Charles S. Darrow, by the said Dilley & Walker, and which sum exceeds the damages sustained by the said Dilley & Walker,” &>c.

To this plea