Wildey v. Fractional School District Number One

Coolet, J,

This action is brought to recover for tbe construction, of a school building for the defendant. Tbe declaration-contained a special count on the contract, in which it was. averred that the building was completed “in substantial conformity with all the terms and conditions of the said *421contract,” and was “'received and accepted by the said defendant as, and for, a compliance, on the part of the said plaintiff, with all the terms and conditions of the said contract, on the part of the said plaintiff to be observed and performed.” It also contained the common counts. The defendant…