Harlow

The plaintiff brought this action to recover the aggregate sum of $1,846, alleged to be due him from defendant according to the terms of a certain contract into which, it is alleged, he and the defendant entered on the twenty-fifth day of July, 1918.

The court below sustained a demurrer interposed by defendant to the complaint upon both general and special grounds. The plaintiff refused to amend his complaint, although allowed by the court ten days within which to do so, if so advised, and thereupon judgment by default was entered against plaintiff.

The appeal is from said judgment.

The complaint alleges: “That heretofore, to wit: on the 16th day of July, 1918, defendant submitted to plaintiff a proposition of contract in words and figures as follows, to wit: ‘Proposition to L. A. Palmer. Finish house inspected July 15, 1918, and give house rent and water. Furnish office and instruments and tools. Salary $100 a month. Duties, to attend to all of engineering work now constructed and attend to prospective litigation, etc. Free to attend to consulting work at any time. On any new projects that may be worked up together Harlow to finance and Palmer to receive 25 per cent, of net…