Fairbanks v. Koelling

The opinion of the court was delivered by

Price, J.:

This is an appeal from an order sustaining a demurrer to plaintiff’s amended petition.

The facts necessary for our consideration as disclosed by the pleadings are as follows:

Plaintiff’s amended petition, filed April 14, 1948, alleged that on or about the 21st of January, 1944, plaintiff and defendant entered into an agreement in writing whereby plaintiff sold to defendant certain stacks of alfalfa hay at a certain price; that defendant made a down payment of $25 on said date but that on or about February 11, 1944, defendant informed plaintiff…