Mayer v. Sumergrade

DISSENTING OPINION

By SKEEL, J.

This appeal on questions of law presents the following claims of error:

1st. The trial court erred in overruling defendants’ demurrer to plaintiff’s petition.

2nd. The trial court erred in overruling defendants’ motion for summary judgment based on the petition and answer.

3rd. The trial court erred in entering a decision for the plaintiff.

The action is one based on a contract to sell real estate, it being claimed that the provisions of such contract, as to the assumption of certain special assessments for water lines by the grantor, were breached and that the…