Pisculic v. Pletka

This is an action to recover the purchase' price of a tombstone or monument made by plaintiff for defendant. The petition is in proper form and contains the following clause, about which, some controversy arises: It is alleged, inter alia, ‘ ‘ that plaintiff fabricated said monument, and on the 5th day of June, 1923, tendered delivery of the same to the defendant and demanded payment of the purchase price of $650, which, under the terms of said contract, defendant bound herself to pay on such delivery and payment of said sum was by defendant refused, etc. ’ ’

Appended to the petition is an…