Fendall v. Peter Billy

Fendall v. Peter Billy. Upon the plea of “ no rent arrear,” the tenant may give evidence of work done and goods sold and delivered to the landlord, without notice of set-off. The party’s own books of account are not evidence in his favor, although in the handwriting of a deceased clerk, unless they contain the first entry of the charges. Covenant to pay rent. On the plea of no rent arreaiq Mr. Jones, for • the defendant, offered evidence of work done, and trees sold to the plaintiff. Mr. E. J. Lee, for the plaintiff, objected to the evidence, because there had not been notice given of a set-off. The Court allowed the evidence to go. the jury, on the equity of the Act of Virginia; Revised Code, 40; and on the practice of the State of Virginia. The plaintiff offered his leger to prove counter charges against the defendant, the entries were in the handwriting of his clerk, who was dead. Mr. Jones, for the defendant, objected, and cited Esp. Reports. [MAJORITY — The Court] The Court refused to let the leger,go in evidence to the jury, it not being proved that the entries therein were the first entries. The journal álso was refused for the same reason.