Garber v. Whittaker

Harrington, J.,

delivering the opinion of the Court:

This is an action on the case, and under the defendants’ demurrer the most important question for us to determine is whether the facts alleged will sustain such an action.

*275The declaration alleges that the parties to this suit entered into a contract in April of 1930, whereby a house was to be built by the plaintiff, Garber, and by Stanley Whittaker, one of the defendants, on land belonging to Florence Whittaker, the other defendant. When completed, the house, and the lot upon which it was erected, were to be sold by deed of the defendants to…