Hain v. North-Western Gravel Road Co.

—This was an action by the appellee against the appellant, to recover five hundred dollars subscribed by the appellant for the stock of the company. The subscription was made to the articles of association.

There was an answer filed to the complaint, setting up a cotemporaneous verbal agreement, inconsistent with the written contract. To this a demurrer was sustained, and the defendant excepted. Final judgment for the plaintiff.

The ruling on the demurrer is assigned for error; also, that the complaint does not state facts sufficient, etc.

It is not claimed by counsel for the appellant that the…