Heady v. Pool

The counts on which trial was had, and here to be considered, are 2 and 3, for work and labor, 4, under an express contract, and 6, for work and labor and to establish a lien on property therefor. There were no demurrers to counts 2 and 4. The pleas were of the general issue, payment, set-off, and recoupment, and special pleas that the building was not constructed in a workmanlike manner.

There was no error' in overruling demurrers assigned to count 3, in that it was not on express contract, but for work' and labor done. Roobin v. Grindle, 219 Ala. 417, 122 So. 408. For like reason there was…