Clark v. Ryan

Tbe complaint contains three counts. Tbe first two are common counts — for work and labor done, and on an account stated. Tbe third count alleges tbe making of a special contract, by which plaintiff agreed and undertook to serve defendant as clerk in bis store for tbe year 1888, at agreed wages, that be served him a part of tbe year, and that be was prevented by tbe defendant from completing the service. This count rests tbe right of recovery on tbe alleged breach of tbe contract by tbe defendant. There was a demurrer, assigning as a ground that these counts were improperly joined in one and…