Just v. Township of Wise

Plaintiff commenced an action of assumpsit against the township and declared upon the common counts with a notice that upon the trial he would give in evidence one accepted highway order a copy of which is set forth. The defense relied upon was that mandamus and not assumpsit was the proper remedy. The cause was tried by the court and a finding of facts made.

*575The court found that in 1872 Patrick Holden entered into a contract with the commissioners of highways, and performed work and labor thereunder amounting to between eight and nine hundred dollars, and that the same was accepted by the…