"This action was brought to recover a balance of account claimed to be due to the plaintiff, under the following circumstances. The plaintiff was employed to execute certain stone work, in constructing the locks on the Schuylkill canal, for which he was to receive a stated compensation, as was proved by witnesses on the trial. After the work was completed, there was some dispute between the parties as to the quantity of work done and the price; and one of the officers of the company was directed, by one or more of the directors, to make out the account, which he did. The plaintiff was then desired to come to Philadelphia to receive what was due to him. He did so, when an account was presented to him by the directors, making the balance due to him to be $3833 (but whether it was the same as the one above alluded to, or one variant from it, did not appear in evidence), with the following memorandum subjoined, viz. ‘this account is to include every claim I have against the Schuylkill Navigation Company.’ This memorandum was subscribed by the plaintiff, who gave also to the company, at the same time, a receipt acknowledging that he had received from them $3833 being the full amount due on the settlement of all his accounts against the said company. The sum claimed in this action is about $4000 more than that for which the receipt was given, and appeared from the evidence to arise principally from the difference between the quality and price of the work stated in the above settled account, and those proved by the witnesses. The only question of law was, whether the receipt in full, and the settled account, ought to be opened or not? The counsel for the plaintiff stated the following cases, 1 Johns. Cases, 145. 5 Johns. Rep. 68. For the defendant were cited, 1 Esp. Rep. 84, 279. Thompson et al. vs. Fausset, 1 Peters’s Rep. 183."