Lehner

Plaintiff sued defendants upon a contract for the fumigation of their orchard. Defendants cross-complained for damages to their trees and fruit because of the alleged negligence of plaintiff in his performance of the agreement to fumigate. Judgment went for plaintiff upon both controversies and defendants appeal.

Appellants’ first contention is that the complaint is insufficient,'as tested by the demurrer which was interposed to it and which was overruled. The text of the complaint is: “That within the two years last past, and on or about October 7th, 1918, the defendant, Sue A. McLennan, became indebted to plaintiff in the sum of three hundred sixteen dollars and fifty cents for work and labor performed at her special instance and request, and materials furnished with said work and labor, and that said defendant, Sue A. McLennan, expressly agreed to pay said sum of three hundred sixteen dollars and fifty cents for said work and labor upon a specific contract to do said work and labor, at said agreed price.” The demurrer to this pleading was both general and special, the specific grounds being that the complaint is uncertain and ambiguous in that the terms of the alleged contract…