Simons v. Morehouse

Bicknell, C. C.

— In this case the court sustained a demurrer to the second paragraph of the complaint as amended. The only question presented by the appellant in his brief is, Do the facts stated in said second paragraph constitute a causé •of action ? They are substantially as follows:

Morrison and Reilly each owned eighty acres of land. *392Reilly’s land was bounded on the south by the Plymouth and In wood road, and lay between that road and Morrison’s land,, Morrison having no access to the road. He and Reilly agreed, verbally that Morrison and the future owners of his land, for the sum of $25,…