Brown v. White

However much I dislike to dissent, I am unable to agree with my esteemed associates in this case. They hold that the action is based on the written contract of sale signed by the seller and the buyer; and that, because of its indefinitenes.s, the trial court properly sustained the general demurrer and dismissed the action. A copy of the writing is attached as an exhibit to the petition, and it is made a part thereof, but there is no express allegation that the action is based on the writing. Counsel treat the case as a suit on the written contract, but it makes no difference what the parties…