Board of Commissioners v. O'Connor

This action was begun in the Carroll Circuit Court, and, on change of venue, was tried in, and judgment rendered by, the Cass Circuit Court.

The appellee sued the appellants, in one paragraph of complaint, for the construction, under a written contract, of the substructure for a bridge across the Tippe*625canoe river, dividing the counties of Carroll and White, and also for the labor in tearing down such substructure and for the labor and additional material in rebuilding the same.

The theory of the complaint is that the original building of the substructure was in compliance with the written…