Fowler Elevator Co. v. Cottrell

This is a petition in error from the district court of Douglas county. A demurrer was sustained to the petition in that court, and the plaintiff refusing to plead further the action was dismissed with costs. The controversy in this court, therefore involves but one inquiry, viz., does the petition state a cause of action? The material allegations thereof are as follows: On the 4th day of March, 1891, the plaintiff, a corporation doing business in the city of Omaha, entered into an agreement by telephone with the defendants,-then residing and doing business in the city of *513Seward, by which the…