Gorr Lumber Co. v. McMillan

The bill of complaint alleges the execution of a contract to repair a house of respondent, and seeks to enforce a lien under section 8832, Code, but does not allege, except by inference, the performance of the contract and that the work and labor was done and material furnished as provided in it. It was therefore subject to the fourteenth assignment of the demurrer. The decree sustaining the demurrer was therefore without error.

But as complainant may amend the bill to cure that defect, it is proper that we consider other assignments discussed by counsel. The first five grounds of the demurrer…