Bates v. Dehaven

The appellees sued the appellants. The complaint contained two paragraphs — 1. On a special con-tract; 2. For work and labor and materials furnished.

The defendants, in the Court below, filed what they called a written motion to strike out the second paragraph of the complaint, and also to compel the plaintiffs to elect *320upon which paragraph they would rely. This motion was overruled; which ruling is now assigned as the first error.

The ruling of the Court was correct. There is nothing in the record to show that the two paragraphs are for one and the same cause of action. Nor would we be…