109 Ga. 295 | Ga. | 1899
Wiley brought suit against the City of Columbus, presenting by his petition substantially the following facts: In August, 1897, he was employed by the City of Columbus to tend upon and treat cases of smallpox, the patients then being confined in the pest-house of the city. He faithfully performed his duties in tending upon the smallpox patients, whereby the city became indebted to him in the sum of $275.00. Attached to the petition is a bill of particulars, being an account in favor of plaintiff against the defendant for “fifty-five visits to smallpox patients at five dollars per visit, $275.00.” To this petition defendant demurred on the general ground that there was no cause of action set forth therein; and on the further special grounds, that the petition does not set out how, and by whom, and in what manner the alleged employment was made on behalf of the city; that the petition fails to show such contract was made as by law provided, and fails to allege what defendant was to pay for the services mentioned; that the bill of particulars sets out a quantum meruit, and the petition does not allege that the items and sums set forth in the bill had been contracted for and agreed to be paid by the defendant; and that it was not alleged in the petition that the contract of “employment” with the City of Columbus was made through its mayor and board of aldermen, in its corporate capacity. To the judgment of the court sustaining this demurrer plaintiff excepts.
Judgment affirmed.