Bradley & Currier Co. v. Berns

Bird, V. C.

It appears by the bill of complaint that the complainant' obtained an order from the contractor, under a building contract,, for $515, the amount of his bill for materials furnished for the-erection of the buildings, which order was directed to the defendant, the owner of the said buildings. This order was properly served upon the defendant, but he refused to accept it or to pay the amount mentioned therein. The first cause of demurrer is-that it does not appear in the bill of complaint that the defend-anti accepted the said order or that he ever agreed to pay the-same. As I…