Burns v. Van Buskirk

Lees, O.

Appellants demurred to the complaint in this action on the grounds: (1) That the court had no jurisdiction of the subject of the action; (2) that several causes of action were improperly united; and (3) that the facts stated do not constitute a cause of action. The court overruled the demurrer, gave the statutory certificate of doubt, and this appeal followed.

Respondent brought the action as a taxpayer of the city of Eveleth to recover in its behalf $29,780.30, paid to Saari Brothers for 342,000 feet of lumber purchased by the mayor without obtaining bids, as required by the city…