Porter Construction Co. v. Berry

The first assignment of error is predicated upon the contention that the circuit court erred when it overruled defendant Berry’s demurrer to the complaint which challenged that pleading in the two following particulars: (1) an alleged failure of it to state facts sufficient to constitute a cause of action; (2) an alleged “defect of parties defendant.”

In support of the first of these two contentions Berry argues that all services rendered subsequent to the making of a contract of employment are presumed to be rendered at the contract price in the absence of evidence to the contrary, and that…