City of Huntington v. Day

Day, the appellee, sued the city of Huntington “ for work and labor, care and diligence, done and bestowed to, in and about the business of the defendant, by the plaintiff, as school trustee, at the special instance and request of the defendant.”

Accompanying the complaint was a bill of particulars, as follows:

“ The City of Huntington

To Samuel F. Day, Dr.

“ To superintending building of school-house, from May the 1st, 1872, to March 31st, 1873, making 255 days, at $2.50 per day,......$637.50.”

The appellant demurred to the complaint, assigning, as one of the grounds of objection, that it did not…