Budd v. Kraus

Bicknell, C. C.

— This was a suit by the appellant against •the appellee, to recover an assessment by the trustees of the town of Jasper for the grading of Main street.

A demurrer to the amended complaint for want of facts sufficient, etc., was sustained, and judgment was rendered thereupon against the appellant, who now assigns error in sustaining said demurrer.

The first question is, Must a contract by the trustees of an incorporated town, for the grading of a street, be in writing ?

In the case of Overshiner v. Jones, 66 Ind. 452, this court held that, under the provisions of the statute,…