Morearty v. City of McCook

This is an appeal by plaintiff, also appellant, from a judgment against him rendered at the close of his testimony, on the motion of appellee, also defendant, dismissing plaintiff’s petition and cause of action.

It is expedient to fix in mind the precise issues involved. Plaintiff’s petition alleged: The plaintiff was employed as “consulting engineer” to assist in constructing all pavements and sewers in McCook to be let within one year from June 27, 1925. On that date plaintiff signed a written contract relating to that work, and delivered it to the defendant. About April 9, 1926, defendant…