Shuck v. Menser

Boose, P. J.,

The plaintiff brought this action in trespass against the defendant to recover damages for the alleged wrongful sale of the plaintiff’s goods and chattels under a landlord’s warrant. The defendants filed an affidavit of defense in the nature of a demurrer, raising the following questions of law: (1) That the action is in trespass, while the statement of claim is for a breach of contract; (2) that the averments of the plaintiff’s statement of claim are insufficient to show a breach of contract; and (3) that the averments in the plaintiff’s statement of claim are insufficient in…