State ex rel. Barstow v. Summit County Commissioners

OPINION

By POLLOCK, J.

It will be seen by the allegations of the petition and answer, and also by the evi*32dence introduced, that the claim against the commissioners of the county, upon the part of the relator, grows out of a contract relation between these parties, the relator claiming a contract had been made by the commissioners with him for the work set out in his petition, and the commissioners denying such a contract and denying their legal obligation under such a contract.

The first question to be determined in this case is, Does it appear that the plaintiff has a right to a writ of…