Arpe v. Mesker Brothers Iron Co.

BLAIR, P. J.-

This is a suit upon an account for $90,000. The trial court sustained defendant’s demurrer to plaintiff’s (appellant’s) second amended petition. Plaintiff refused to plead over, and judgment was entered dismissing his cause of action. Thereupon, he was granted an appeal to this court. The petition adjudged to be insufficient was as follows (Italics ours ) :

“Now comes Charles W. Arpe, plaintiff in the above-entitled cause, and by leave of court files this, his second amended petition herein.

“Plaintiff states that the defendant, Mesker Brothers Iron Company, is and at all times…