Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. Lutes

In this case, appellee Lutes sued the appellant in a complaint of two paragraphs. In the first paragraph of his complaint, appellee sued to recover damages for an alleged breach by the appellant of a parol contract between the appellee and appellant for the driving of certain piles at two bridges, known as numbers 5 and 6, on the line of its railroad, in that the appellant, after such contract was made and entered into, refused to permit appellee to perform such work.

The second paragraph of complaint was a common count *277for work and labor done, materials furnished, and money laid out and…