The Board of Commissioners of Dekalb County v. The Auburn Foundry And Machine Works
| Decision Date | 22 January 1896 |
| Docket Number | 1,700 |
| Citation | 42 N.E. 689,14 Ind.App. 214 |
| Parties | THE BOARD OF COMMISSIONERS OF DEKALB COUNTY v. THE AUBURN FOUNDRY AND MACHINE WORKS |
| Court | Indiana Appellate Court |
From the Steuben Circuit Court.
Judgment affirmed.
Croxton & Powers and W. L. Penfield, for appellant.
J. W Baxter, C. A. O. McClellan and F. S. Roby, for appellee.
The appellee filed and presented to the board of commissioners of DeKalb county a claim for money, and asked that it be allowed. This was refused and appellee then appealed to the circuit court of DeKalb county. The venue was changed to the Steuben Circuit Court. In the latter court the cause was tried by a jury, and a general verdict of $ 100.00 returned in favor of appellee, upon which judgment was rendered.
Assignments of error call in question the sufficiency of each paragraph of the complaint to withstand appellant's demurrer for want of facts.
The first paragraph avers in substance that on the 20th day of November, 1892, the defendant requested the plaintiff to furnish certain materials and do certain work in the repair of the county jail; that while the repairs were in progress it was ascertained that it would be necessary to place a new boiler in the stead of the old one situate therein; that thereupon on the 6th day of December, 1892, the plaintiff and defendant entered into a written contract in which the plaintiff agreed to build and complete the boiler, and for which the defendant agreed to pay the sum of $ 490, and the costs of attaching; that about the same time the defendant concluded to heat the court-house by steam, and that the plaintiff and defendant thereupon entered into another written contract, in which the plaintiff agreed to build and complete the steam plant necessary to heat the court-house, specifying particularly the articles that should be furnished, and stipulating that the plant so furnished should be connected with the boiler in the jail the same to be in running order and to the satisfaction of the defendant, for which the defendant agreed to pay the sum of $ 1,250; that after the execution of the contracts the plaintiff commenced to build and construct the steam plant and boiler under the written contracts; that during the time it was so engaged at work the defendant ascertained that it would be necessary to replace many of the attachments, valves and pipes therein in use in the jail, which were old and almost worthless; and that it would be necessary to make a doorway and entrance to the jail, and to connect the steam plant with the water-closets adjoining the jail; that the defendant requested the plaintiff to proceed and do all such work and to furnish all the materials necessary to complete the same, which the plaintiff proceeded to do, and that under such parol contract the plaintiff performed work and furnished materials of the value of $ 600; that the plaintiff fully performed its part of the written contracts, and the defendant settled and paid it the contract price agreed upon, and that the defendant also paid it for the repairs made before the written contracts were executed; that there is due and unpaid on account of the additional work and materials furnished under the parol contract the sum of $ 600. Filed with this paragraph as exhibits are copies of the written contracts and itemized statements of account for the labor done and material furnished.
The second paragraph declares on account for work and labor, and materials furnished.
The appellant contends that each paragraph is bad because there is no averment that the board of commissioners were in session at the time the contracts were made, or the request made for the work and materials, and the case of Archer v. Board, etc., 3 Blackf. 501, is relied upon as being decisive of this question. The case cited gives some support to this contention, but the later cases hold that it is not necessary to allege all the steps which the law requires to be taken in order to render the county...
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