Lumbermen's Trust Co. v. Town of Ryegate

The Security Bridge Company entered into a contract with the town of Ryegate, Mont., the appellee, for the construction of a waterworks system in said town, and agreed to accept, and did accept, in part payment therefor, bonds of special improvement district No. 4 of the town of Ryegate, Mont., of the par value of $45,602.42. These bonds were purchased by the appellant. The bonds not having been paid when due, appellant brought tiiis actiou alleging such nonpayment and refusal on the part of the appellant to pay the same, and prayed judgment for the par value of the bonds with interest at 6 per cent, as therein provided. The appellee states that the action is one for money had and received, and there are allegations-in the complaint tending to substantiate this view. The trial court defined the action as one in assumpsit “on au implied contract for the balance due on the construction of a water supply system.” There are allegations in the complaint which tend to substantiate this view. The appellant, on the other hand, claims that it is entitled to judgment upon any one of several theories. It also contends that on this appeal the action should be dealt with as one in equity, and…