Cloud v. Stewart

Special grounds 1 and 2 of the amended motion for new trial complain that the trial court erred in overruling the defendant’s demurrers to the petition as amended, the principal insistence being that the allegations to the effect that the defendant told the plaintiff the television set would give satisfactory service and he would give him a one-year warranty with reference to service thereof constituted an attempt to change by contemporaneous oral agreement the written contract for the purchase of the television set.

The overruling of a demurrer is not a proper ground of a motion for new trial…