Miner v. Zweifel

The defendant submits two reasons why the court erred in denying his motion for judgment for defendant on the pleadings. First, that the complaint does not state facts sufficient to constitute a cause of action; second, that the pleadings taken together disclose on their face that the matter submitted to the court by the plaintiff had already been adjudicated adversely to her.

Defendant contends that the complaint states insufficient facts because it alleges an option merely on the part of Cone to sell to Berry Miner the tract of land; that it was optional with Berry Miner whether or not to…