Hertel v. Woodard

This is an appeal by the plaintiff from a decree of the circuit court which was entered after the court had sustained a demurrer to the amended complaint and the plaintiff had elected to rely upon that pleading. The demurrer was based upon a contention that the complaint did not aver a cause of suit. The appel lant’s brief states: “Tbe entire controversy between tbe parties can be determined on demurrer.”

According to the complaint, the respondent signed and delivered to the appellant a writing reading as follows: “May 10, 1947.

“Received from Lucky Hertel $80.00 Eighty Dollars earnest money on…