Quinn v. Allen

The assignment of error in this case questions the correctness of the decision of the court below in sustaining a demurrer to plaintiff’s declaration. It contained two counts, and, in substance, averred, that Allen agreed, with the school directors, to furnish the material and labor, and to erect and complete for them a district school house; that Allen, in the performanee of Ms part of the agreement, procured of appellant material and labor used in the erection of the building, for which he had not been paid; that before the directors had paid Allen, appellant, in pursuance of the statute,…