Lehr v. St. Paul's Evangelical Lutheran Congregation

Reno, P. J.,

— Plaintiffs seek to recover for extra work performed by them in and about the erection of a building for defendant corporation. The extra work, they allege, was performed in pursuance of oral instructions, but a written contract between the parties provided, “alterations or additions to or deviations or omissions from the work . . .” shall not be done “without a written order from the owner.” The question of the sufficiency of plaintiffs’ statement is raised by a statutory demurrer.

The plaintiffs allege concerning the extra work required for alterations: “Instead of the painting…