Griggs v. LePoidevin
Nebraska Supreme Court
This was an action to foreclose a mechanic’s lien brought in the district court of Gage county by Le Poidevin & Co. against Griggs & 'Warner.
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This was an action to foreclose a mechanic’s lien brought in the district court of Gage county by Le Poidevin & Co. against Griggs & 'Warner. The case was heard on demurrer to the petition before Weaver, J., who overruled the same, and defendants failing to plead further, judgment was rendered against them, to reverse which they brought the cause here on a petition in error. cited 1 Parsons on Contracts, 8. 1 Chitty Pleading, 294-295. Phillips’ Mechanic’s Lien, 440-457. Orawfordsville v. Barr, 45 Ind., 258. Randolf v. Overstoll, '58 111., 52. 5 Johnson, 272. Brown v. Lowell, 79 111., 484. 1…
1Opinion of the CourtCobb, J.
The defendants below, plaintiffs in error, filed ageneral demurrer to the plaintiffs’ petition, which was overruled, and their exception presented in the record. In their brief they point out the alleged deficiency in the petition to consist in the want of “the facts showing a contract.” Upon referring to the petition as set out in the record, I find that after setting up the partnership on the part of the plaintiffs and defendants, and other formal matters, it proceeds as follows: “The plaintiffs say that on, to-wit: the 6th day of September, 1880, they made a parol contract with the…
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