Birnbryer v. Lehman

Heard on demurrer to the petition.

There are two causes of action in the petition. The first recites in substance that the defendant was the owner of a lot of *207land, and entered into a contract with, the plaintiffs whereby he agreed to construct a house upon said lot in accordance with certain plans and specifications, for which plaintiffs agreed to pay the sum of $4,500, four or five hundred dollars of which was to be paid upon the execution of the contract, five hundred dollars upon the completion of the house, and the plaintiffs were further to assume a mortgage of $3,500, which was to be an…