Barton v. Hackney

The opinion of the court was delivered by

Smith, J.:

This is an action to enjoin the defendant from operating a café, and for damages. The trial court overruled defendant’s demurrer to plaintiffs’ petition. Defendant has appealed.

The petition alleged the residence of the parties at Coffeyville and that plaintiffs were the joint owners of a restaurant in Coffey-ville, which they had purchased from defendant. It alleged that a restaurant had been in operation at the same address in Coffeyville for over forty years and for fifteen years had been commonly known as “Earl’s Café”; that the same…