125 Ga. 645 | Ga. | 1906
The petition of Busby, as amended, contained in substance the following averments: that he, as tenant of Marshall, made upon the premises of the latter, upon which petitioner lived, divers improvements, such as repairing houses, building chimney, cléaring land, furnishing lumber and labor, and various other matters detailed in the amended petition. He specified the years in which the different items were furnished and labor performed, but did not give the exact dates; alleging, however, that although he could not “give the exact date, that is the month and day on which said material was furnished and labor done and improvements made,” still “defendant has full knowledge of all the facts in connection with said matters.” He further averred, that “all the items set forth in said account were valuable and necessary, and improved the farm of said Marshall, and that all of said material and labor was furnished at the request of said Marshall, and said Marshall agreed at the time of making said improvements that he would pay petitioner therefor, and it was expressly agreed and. understood between said Marshall and petitioner that petitioner’s said account against said Marshall should become due and payable on the date when petitioner should remove from said farm and give possession of said farm and improvements to said Marshall.” The defendant demurred both generally and specially, alleging, in the usual general terms, that no cause of action was set forth in the petition, and specially demurring on the ground that the copy of the account
Judgment affirmed.