Smith v. Monroe

(After stating the foregoing facts.) The answer was attacked by general demurrer on the grounds that it set forth no defense, that the petition is an action in debt and “such allegations as defendant makes are allegations with reference to a breach of a contract which is a tort action and are not the proper subject-matter of the pleading in an action in debt.” This demurrer is unintelligible and was properly overruled. The suit is based upon an alleged parol contract; the defense likewise relies upon an alleged parol contract which consists of terms different from that upon which the…