Scherger v. Union National Bank

The opinion of the court was delivered by

Smith, J.:

The question here is whether -t-he-Action is one on a contract or in tort. Judgment was for defendant. Plaintiff appeals.

The case is here on a demurrer to the petition. The petition contained two causes of action. The first cause of action alleged the existence of defendant and that it was authorized to maintain a trust department; that on October 15, 1928, the Arkansas City Office Building Company executed its deed of trust conveying for the purposes of the trust certain lots in Arkansas City; that this deed was executed for the purpose of…