Locke v. Kay

FOSTER, Justice.

This is a suit by appellant against appellee, and was tried on counts 2, 3, 4 and 5. In all of those counts the plaintiff claimed $2500.00 damages for the failure of defendant to comply with a contract made in writing on June 26, 1948, whereby the defendant agreed to pay to plaintiff the sum of $17,202.36.

The first assignment of error argued on this appeal relates to the judgment of *378the court overruling plaintiff’s demurrer to plea 3 as an answer separately to each of said counts in the complaint. Those counts in substance allege that plaintiff had possession of the keys to…