GARDNER, J.
The question here is: Did the petition, considering the contract made a part thereof, set forth facts showing any liability on the part of the defendant contractor as to the plaintiff, growing out of said contract? Properly construed, it appears from the allegations that the defendant, a building contractor, agreed to erect and to construct a dwelling house for the plaintiff, the owner of the land, at a cost to the owner of $5500, and that any and all...
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