Allison v. Allman

We have only the question of whether the allegations of the petition are sufficient to withstand the general demurrers. Under the allegations it is impossible to ascertain upon just what theory the plaintiff seeks a recovery. He begins his petition by alleging that on July 26, 1948, the defendant became obligated to pay him the sum of $1108.06. Presumably he is referring to the contract set out as an exhibit, and intends to say that under this contract the defendant became so obligated. However, that instrument, as will be seen, has no reference to any such figures as alleged to be due.…