Village of Mayfield Heights v. Irish

The present consideration of this case involves the sole question whether or not the amended petition is subject to demurrer.

The amended petition sets up a contract. Defendant in error avers that he has made performance on his part and is entitled to payment as stipulated. Plaintiff in error counters with the objection that the amended petition on its face shows an unlawful contract ; that such contract falls within the provisions of subdivision (d) of Section 5625-33, General Code, and that the amended petition is fatally defective through failure to allege that at the time the contract was…