General Mills, Inc. v. Cragun

BRONSON, District Judge.

The District Court of Weber County sustained a demurrer to plaintiff’s amended complaint with leave to amend. The plaintiff declined to plead further, and from judgment of dismissal plaintiff appeals. The only question for determination is whether or not the complaint states facts sufficient to constitute a cause of action.

Briefly, and in substance, the amended complaint alleges that plaintiff’s assignor (Sperry Flour Company) entered into a written agreement with the defendants on May 13th, 1936, agreeing to advance defendants not to exceed $450 for the purchase of…