Schultz v. Nickel

The facts, as settled for review on case-made, are, briefly, as follows:

The action is assumpsit, brought by plaintiffs to recover damages for breach of contract by defendant, under which plaintiffs claim to have performed certain work in fulfillment of a paving contract entered into by defendant with the State highway department. The summons was served on November 27, 1928. Defendant’s appearance was entered on December 10th, and plaintiffs’ declaration filed on December 11th. On December 27th defendant filed a motion for a bill of particulars and for se eurity for costs. On January 11, 1929,…