Benton v. Franzen

The opinion of the court was delivered by

Wertz, J.:

Plaintiff (appellee) Charles Renton brought this action against W. H. and Clara Franzen, defendants (appellants), for the recovery of money under two budding contracts and to have the judgment declared a lien on defendants’ property.

Defendants have appealed from the order of the trial court overruling their demurrer to plaintiff’s petition on the ground it failed to state a cause of action.

The pertinent facts alleged in the petition are as follows:

The defendants were the owners of the described property; that plaintiff was a carpenter; that…