Anderson v. Olsen

This is a bill in chancery filed by appellant, the vendor, to require appellees, the vendees, to specifically perform a contract for the sale of a patent. The superior court overruled a demurrer to the bill, and upon a hearing upon bill, answer, replication and the master’s report, entered a decree granting the relief prayed for. The Branch Appellate Court reversed such decree, and this is an appeal from such judgement of reversal.

It is claimed that as appellees did not stand by their demurrer they waived the right to challenge, by their answer, the jurisdiction of the court on the ground…