Thackara v. Reid, Kinsey & Greeley

The action was upon an account stated. The alleged errors arise upon the overruling of the Defendants’ demurrer to the complaint. The complaint commences in *239these words : “Plaintiffs complaining of the Defendants upon their information and belief allege,” following which are appropriate averments of the partnership capacity of the Plaintiffs and Defendants, and the necessary facts to show a good cause of action. The demurrer is upon two alleged grounds:

1st. That the complaint does not state facts sufficient to constitute a cause of action; and,

2nd. That the complaint is ambiguous and…