Roy L. Willard, Inc. v. Miller

ON REHEARING GRANTED

THOMAS, J.:

The sole question for determination is the sufficiency of a declaration in two counts filed by the plaintiff-in-error against the defendant-in-error and the point of investigation may be further narrowed to a' consideration of the particular defect presented to the trial court in the sixth ground of the demurrer, namely, the vagueness, indefiniteness and uncertainty of the pleading.

The plaintiff was described in both counts as a “plastering subcontractor” and the defendant as a “general building contractor.” The gist of the action, averred in identical…