Legal Opinion
Balliet v. Allentown School District
Pennsylvania Court of Common Pleas, Lehigh County
Decided July 1, 1873Published
Sur rule 1 o show cause why the plaintiffs shall not pay the costs for June term, 1872.
1Opinion of the Court
Opinion by the court,
Longaker, P. J.
The plaintiffs declared upon a written contract for the erection of a school-house, and added a count for extra work as well as the common counts in assumpsit. The defendant, after plea filed, ruled the plaintiffs (as provided by a rule of court) to file a bill of particulars. May 31, 1872, a bill of particulars was filed, alleging that the entire work was done by the day, and enumerating the number of days- *149and the price of work per day. June 13, 1872, the cause was called for trial, and thereupon the defendant demurred to the bill of particulars, upon the…