Klingler v. Foster

This is a second appeal in this case. Following the reversal on the first appeal there appeared to be only the question of damages to be ascertained, however, since that time five additional paragraphs of complaint were filed and questions arising on two of them are before us now. Both of these paragraphs of complaint proceed upon the theory of specific performance with damages for the inability to perform if such appears. The appellants demurred to each of these paragraphs of complaint contending that neither stated a cause of action. Both demurrers were overruled, following which the…