Broyles v. Brown Engineering Co.

Appellants, plaintiffs below, appeal from a judgment of involuntary nonsuit after an adverse ruling of the court in sustaining demurrers of appellee, defendant below, to the several counts of the complaint, two of which were amended.

The complaint consists of Counts 1, 2, 3, 4, and 5 (Counts 1 and 4 were amended), all of which have the same objective, worded differently, but essentially based on the statutory form for breach of warranty. Each count is elaborately phrased.

The objective of each count is to recover damages for violation of a contract between plaintiffs and defendant whereby the…