Cuyahoga Circuit Court June 8, 1908 (Soeder v. Cleveland)

WINCH, J.

The petition in error in this case alleges that the common pleas court erred in sustaining-a demurrer to the plaintiff’s second amended petition. That petition for its first cause of action claims compensation for certain work done and materials furnished in the improvement of a city cemetery and under an alleged contract entered into in 1898, when the city of Cleveland was under the