Monarch Portland Cement Co. v. Washburn

*875The opinion of the court was delivered by

Benson, J.:

These appeals relate to the same transaction. The question for decision is whether demurrers to the petitions were erroneously sustained.

The principal action is for specific performance of an agreement to purchase land. The other is for damages against the bank as custodian of a check given as an advance payment made upon the land. An action was first brought against the vendee and custodian jointly. Afterwards a separate action was instituted against the vendee and he was dismissed from the first suit.

The petition in the last action sets…