School City v. Heinzman

The appellees sued and recovered judgment against the appellant for a balance alleged to be due. them upon a contract for the building of a schoolhouse in the city of Noblesville, Indiana.

Two specifications of error have been assigned by appellant, as follows:

“ 1. The court below erred in overruling the motion for a new trial.”

“2. The court erred in ’overruling the demurrer to the second paragraph of the answer to appellant’s cross-complaint. ”

These specifications of error will be taken up and considered in the inverse order of their assignment.

The cross-complaint filed by appellant declared…