Sullivan v. Sproule

The opinion of the court was delivered by

Thiele, J.:

This was an action to recover a sum of money claimed to be due under the contract later mentioned. The defendants’ demurrer to plaintiff’s amended petition was overruled and they appeal.

Under date of February 28,1945, the defendants, as parties of the first part, entered into a contract with plaintiff, as party of the second part, containing four “Whereas” clauses and thirteen “contractual” paragraphs, the gist of which follows: In the “Whereas” clauses, it was stated that first parties were erecting a drive-in theatre on a highway southwest…