Humboldt Brick Manufacturing Co. v. Kennedy

The opinion of the court was delivered by

Marshall, J.:

The plaintiff appeals from a judgment in favor of the defendants on a demurrer to the plaintiff’s petition. The petition alleges that on July 7, 1913, the defendants entered into a contract with the Iowa Mausoleum, Company for the construction of a mausoleum at Chanute for $19,500, to be paid in installments; that on or about October 1, 1913, the company became insolvent, and was unable to, proceed with the construction of the mausoleum; that on November 22, 1913, the defendants entered into a supplemental agreement with the company, which…