Bryant v. Starkey

LIVINGSTON, Justice.

The appeal is from a judgment of non-suit induced by the action of the trial court in sustaining demurrers to the four counts of the complaint. Admittedly, counts one, two and seven are, in legal effect, the same for the purposes here pertinent. As illustrative, we will here set out count two:

“Plaintiff claims of defendant three thousand two hundred and no/100 ($3200.00) dollars, as damages for that heretofore on, to-wit: the 28th day of January, 1947, the defendant, J. W. Starkey, did enter into a contract or agreement with the plaintiff, J. M. Bryant, whereby one…