Hupe v. Sommer

The opinion of the court was delivered by

Mason, J.:

Henry Hupe sued George Sommer, alleging that the defendant, as township trustee, had contracted with him for the building of a drainage ditch. He sought to hold the defendant personally liable for his pay. An answer and reply were filed. Upon the case being called for trial the defendant objected to the introduction of any evidence on the ground that the petition failed to state a cause of action. The objection was sustained and judgment was rendered against the plaintiff, from which he appeals.

A township trustee under the statute has…