Foster v. Dailey

Black, J. —

The appellee’s complaint was in two paragraphs, the first being upon a promissory note made by the appellant to the appellee, and the second alleging an.indebtedness arising out of a mutual mistake in the settlement of certain accounts existing between the parties.

The court sustained a demurrer to the second paragraph of appellant’s answer, and this ruling is assigned as error.

The answer was filed on the 24th of January, 1891. The first paragraph was a general denial. The second alleged that on a day stated, subsequent to the commencement of the action, the parties made “ a…