Melluish v. City of Alton

Mr. Presiding Justice Boggs

delivered the opinion of the court.

An action in assumpsit was instituted in the circuit court of Madison county by appellee to recover a balance alleged to be owing him for engineering services rendered appellant.

The declaration consists of four special counts based on a written contract, alleged to have been entered into between appellee and appellant, and the common counts. To said declaration appellant filed the general issue and three special pleas.

Thereafter the special pleas were withdrawn, a jury was waived and the facts were stipulated by said parties with…