Bogacki v. City of Montgomery

This is a suit by C. Y. Bogacld against the city of Montgomery upon common counts for work and labor done and material furnished, and also special counts claiming damages for breach of contract between the parties, entered into on February 4,1918. The cause was tried before the court without a jury, and from a judgment rendered in favor of the plaintiff for $1,-273.29, both plaintiff and defendant have^ prosecuted an appeal.

There was a special finding of fact by the court pursuant to request of the parties. Under our statute, as it now exists (section 5361, Code 1907), the special finding of…