Motor Sales Corporation v. Whaley

Action in assumpsit. From a judgment for plaintiffs, defendants appeal.

As all assignments of error not insisted on in brief of counsel are waived, for convenience we follow and consider questions raised as discussed in appellant’s brief.

The defendant filed demurrers to the original complaint, which demurrers were by the court sustained. The plaintiff amended the complaint, and the demurrers were refiled, but no ruling of the court appears to have been made, and without this ruling the defendant pleaded to the complaint, in short by consent. This was a waiver on the part of the defendant as to…