Cleveland Concession Co. v. Cleveland

OPINION

As we construe the pleadings in this appeal on questions of law and fact, they do not present only questions of law for determination by the court.

The petition is so drawn, that the court cannot know what the operative parts of the contract between appellant and appellees are.

The answer, although admitting certain allegations of appellant’s petition, specifically denies certain portions thereof, and generally denies .its averments not admitted.

There are thus created issuable facts, or direct issues, upon material propositions — particularly, performance by appellant — which would…