Life Casualty Ins. Co. v. Cain

SAYRE, X

The demurrer to the several counts of the complaint was overruled without error. It seems proper to say of count 1 that it was an elaboration of the common count for work and labor done. The pleader, instead of alleging simply that the work and labor had been done by the plaintiff for the defendant at its request (4 Code, form 10, p. 501), alleged a request “made by a servant, agent, or employee of defendant whilst acting within the line and scope of his service to, agency for, or employment by defendant.” This multiplication of words was unnecessary, but the result was substantially…