Fitzpatrick v. Bean

The opinion of the court was delivered by

Burch, J.:

The petition stated a cause of action for recovery of money paid on a claimed sale of patent right made- by the vendor without complying with the state statute relating to such sales. The answer was a general denial. A demurrer to plaintiffs’ evidence was sustained, and they appealed. In this court defendant made no suggestion that his answer or his demurrer to evidence raised any question regarding constitutional validity of the state statute; and defendant made no suggestion that in ruling on the demurrer to evidence the district court…