Leigeber v. Boike

CARR, Presiding Judge.

The complaint in this cause is stated in two counts, count one on account for money due and count two for work and labor done.

Count two, without videlicet, fixes the time to be the “12th day of May, 1952.”

There was a judgment below in favor of the plaintiff.

According to the evidence, if the work was performed as claimed, it was in the year 1951 and not in 1952.

Appellants’ attorney in brief presses two propositions.

He insists that the general affirmative charge as to count two was improperly refused the defendant, because of the above indicated variance in the allegations…