Reeves v. Sargeant

The opinion of the Court was delivered by

Mr. Associate Justice Fisi-iburne.

This action was commenced in December, 1940, to enjoin the breach of a contract which the defendant, J. A. Sargeant, made with the plaintiff in April of the same year. A restraining order was granted at the institution of the suit. When the case was reached for trial, the defendant submitted an oral demurrer raising the issue that the complaint should be dismissed upon the ground that the contract was invalid and unenforcible. The demurrer was sustained, and the restraining order was dissolved. From this judgment the…