Bob Bell Realty Co. v. Jones Valley Land Co.

The complaint was in three counts — an alleged contract, money due on account, and for work and labor done.

Demurrers to pleas 3, 4, and 6 were overruled. And by reason of and on account of said adverse rulings of the court, the plaintiff took a nonsuit with bill of exceptions, having moved the court for appropriate order accordingly, and appeals.

Plea 6 sets up noncompliance with section 7036, Code, and invokes the provisions thereof. It is alleged in this plea that counts 2 and 3 relate to or are based upon the same matter as set out in count 1.

The bill of exceptions recites: "Whereupon,…