Johnson v. Howard

Of the renewed general and special demurrers to the petition as amended, counsel for the defendant has, in this court, argued only the special demurrer, which attacked the petition as amended for “multifariousness” and “duplicity,” in seeking actual damages to the plaintiff’s property and also punitive damages in one and the same count. The other demurrers, which were not argued or generally insisted upon in this court, will be treated as having been abandoned.

When a transaction partakes of the nature of a contract and of a tort, the party complaining may waive the one and rely solely upon…