City of Ft. Pierce v. Scofield Engineering Co.

HUTCHESON, Circuit Judge.

The city of Fort Pierce comes here complaining of the action of the District Court in overruling its demurrer to plaintiff’s declaration, and in thereafter denying its motion for a directed verdict. As to the declaration and the proof the same insufficien-cies are relied on. These are: That though the suit is OTie upon contract against a municipality, the declaration does not allege, por does the proof show, the existence of those prerequisites to a valid contract which the city charter makes mandatory — that the ■contract was countersigned by the city clerk, that it…