O'Neill v. City of South Omaha

This is an action to recover" for partially grading a street in South Omaha, under a contract with the city. The first cause of action is based upon the contract. The second count seeks to recover the reasonable value of grading, alleging that the city accepted and appropriated to its use all of the earth and labor performed, but refused to pay for the same: A general demurrer was filed to the petition, which was sustained, and the action dismissed. ■

The. petition alleges in substance that, following a petition filed by abutting property .owners, the city council of South Omaha passed an…