Miller v. Mutual Grocery Co.

BOULDIN, .1.

Count 2 of the complaint'is to recover amount due “for goods, wares, and merchandise sold by plaintiff to the defendant or at their instance or request.”

When liability is alleged on two or more grounds, stated in the alternative, the count is demurrable unless a good cause of action is shown under each alternative. Construed most strongly against the pleader, a sale at the “instance” of defendant may mean at his “solicitation” or “suggestion.” Webster’s International Diet.

Clearly a sale may be made to one person at the solicitation or on the suggestion of another, without the…