Barber Asphalt Paving Co. v. Santa Barbara Ice Co.

The record presented upon this appeal is somewhat confusing. -It appears therefrom that on February 17, 1909, the plaintiff filed its complaint containing two counts, the first thereof alleging that between certain dates named plaintiff furnished one hundred and eighty-eight boxes of asphalt mixture and laid the same on the streets of Santa Barbara at defendant’s instance and request; that defendant promised to pay plaintiff therefor the sum of $2.25 per box, amounting to $423 in all. In the second count it is alleged that between the 'same dates such material was furnished and that the same, and the labor of laying the same on the streets, was reasonably worth $2.25 per box, amounting to $423 in all.

To this complaint a demurrer was interposed. It seems that on March 15th the demurrer was sustained by the court, and in the same order defendant was given ten days to answer. A minute entry, however, appears in the record to the effect that upon the samé date of the rendering of the decision upon the demurrer, plaintiff was permitted to amend its complaint by inserting the words, “to the defendant,” in an appropriate place, so that the complaint read that between the dates named…