Smith v. Hancock

The petition sets out a cause of action. This will fully appear from the statement of facts preceding this opinion. This being so, the court below did not err in overruling the demurrer upon the ground that the petition set forth no cause of action; and this would render any further consideration of the case by us unnecessary, but for the fact that this court would have no jurisdiction to determine any of the assignments of error if the petition does not make a case in equity.

Does the petition make a case in equity? It was framed upon the theory that the contract between the plaintiff and J.…