Crellin

This is an action upon contract to recover a balance of consideration for constructing a certain waterworks system for the town (now city) of Forsyth, Mont. An itemized statement of the account for construction, showing the alleged balance due the contractors, was presented to the city council for its approval, and it is alleged by the complaint that said city council approved said account and audited the same. The answer shows that the account was approved, but with certain deductions, leaving a balance due the contractor in a less sum .than plaintiffs claim. The dispute is about the difference between these two theories of adjustment. Judgment was rendered in favor .of the plaintiffs for the sum of $2,-332.89, from which the city prosecutes a writ of error to this court.

The sole question presented here is whether the defendants in error have proven such a case as to entitle them to recover; the statement of account presented to the city council not having been verified. Plaintiff in error contends that they have not. This contention is based upon sections 3283 and 3288 of the Revised Codes of Montana. Section 3283 reads:

Section 3288 is' the same as the one quoted, with this…