Joshua Hendy Machine Works v. Pacific Cable Construction Co.

The complaint in this action is in two counts. In the first it is alleged that the defendant is indebted to plaintiff in the sum of $4,566.55, “the siime being the balance of an account for goods, wares, and merchandise .... sold and delivered by plaintiff to defendant, and for work and labor and services performed thereon and in connection therewith, by plaintiff, at defendant’s .... request . . . . ; that the whole amount and aggregate value of the items of said account is the sum of $35,744.35, no part of which has been paid except the sum of $31,177.80, leaving the aforesaid balance of $4,566.55 still due and unpaid.” In the statement of what is termed “a further separate cause of action,” the complaint alleges that “plaintiff sold and delivered to defendant .certain goods, wares, and merchandise, and performed work and labor in connection therewith at defendant’s .... request, all of which were of the reasonable value of and at the agreed price of $35,744.35, which said sum defendant promised and agreed to pay therefor, but that he has refused and failed to pay said sum, or any part thereof, except the sum of $31,177.80.” The prayer of the complaint is for a judgment against…