Town of Petersburg v. Petersburg Electric Light, Power & Water Works Co.

This was an action to recover a sum alleged to be due under the terms of a written contract for electric lights furnished appellant by the appellee.

The appellant insists that the court erred in overruling its demurrer to the complaint, for the reason that there is no allegation in the complaint either that the amounts due under the terms of the contract sued on had not been allowed by the board of trustees of such town; that there were funds in the hands of the town treasurer with which to pay the same; or that appellant could have paid said indebtedness at any time before this action was…