Allen v. Burns

The only question in this case is one of pleading. • The first count is upon an account annexed, the first item of which is, “ House remodelled and redecorated as agreed, $4,728.25.” Then follow thirty-nine items for additional labor and materials in connection with the work referred to in the contract. The second count is upon a special contract in writing, a copy of which is annexed,* and it is averred that the plaintiffs in all respects kept and performed all the covenants and agreements, express and implied, in said contract by them to be kept and performed, and that there remains unpaid…