Mergen v. Salina Northern Railroad

The opinion of the court was delivered by

West, J.:

The plaintiffs sued to recover for materials and provisions sold and delivered to Burton and Carter, who were alleged to have been engaged and employed in the construction of certain sections of the principal defendant’s railroad as con*812tractors, the railroad company not having taken any bond from them to protect materialmen as provided by statute.

To the original petition a demurrer and motions to make definite and' certain were filed and sustained. The plaintiffs filed an amended petition, and motions to make this pleading definite and certain…