Rhine v. Morris

Franklin, C.

Appellant, as administrator of the estate of James Swoveland, sued appellee and others on a promissory note and a written agreement for the sale of an interest' in a saw-mill. ‘ On motion of appellee a part of the second paragraph of the complaint was struck out. The ruling upon the motion to strike out is the only question presented by the assignment of errors.

The first paragraph of the complaint was upon the note, and the second was upon the agreement. The agreement stipulated that the -defendants would pay to the deceased for his interest in the saw-mill the sum of $300 in…