Emerson-Brantingham Co. v. Lyons

The opinion of the court was delivered by

Porter, J.;

The district court sustained the plaintiffs demurrer to two causes of action set up by defendants in their answer and cross-petition. The defendants elected to stand upon the demurrer and have brought the case here for review.

The cross-petition, hereinafter referred to as the *568answer, alleged three causes of action upon a written contract entered into in April, 1912, between the defendants and The Gas Traction Company, a corporation, of Minnesota. The answer set forth that a short time after the contract was executed the plaintiff, an…