Bank of Johnston v. Jones

'The opinion of the Court was delivered by

Mr. Justice Carter.

This appeal is from an order of the Circuit Judge overruling a demurrer to the complaint. The action is one for damages for deceit, and has its basis in a certain contract which the plaintiff has pleaded as a part of its complaint.'

The defendants demurred on the ground that the complaint does not state facts sufficient to constitute a cause of action, in that:

“ (1) The complaint shows a valid contract was entered into for the sale of the land mentioned.

“ (2) The complaint shows that the said contract was duly-carried out, and that…