Benson, Admx. v. Rosine

On sustaining a demurrer to a third amended cross-petition, the trial court dismissed it, and from that judgment this appeal on questions of law was taken.

The petition alleged that on March 29, 1944, the plaintiff, Helen Benson, was appointed administratrix of the estate of Russell Benson, who died on March 24, 1944. As such,'she brought this action to recover $3,685.65 which she claims was the balance due to the estate from the defendant on a contract made on June 1,1943, between her decedent and the defendant whereby Benson sold to the defendant “his business, equipment and franchise for…