Nix, Inc. v. City of Columbus

This is an appeal on questions of law from a judgment of the Common Pleas Court of Franklin County sustaining a general demurrer to plaintiff’s petition and, the plaintiff electing not to plead further, dismissing the action.

The plaintiff, appellant herein, Nix, Inc., hereinafter will be referred to as plaintiff, and the defendant, appellee herein, the city of Columbus, hereinafter will be referred to as the defendant.

The amended petition of the plaintiff consists of two causes of action. In the first cause of action plaintiff sued to recover $10,374.59 which it alleged was the balance due…