Wetmore v. City of San Francisco

By the Court, Crockett, J.:

This action was commenced in the year 1855, and the complaint contains three counts, all in the ordinary common law form; the first upon a quantum meruit for work done and materials furnished by the plaintiff in and about the grading, planking, and bridging of Powell street in said city. Second—The ordinary count for work and labor done and materials furnished, for which, it is alleged, the defendant promised to pay the sum of one hundred and twenty-five thousand dollars. Third—Upon an account stated. The answer contains: First—A general denial. Second—An allegation…