A. Klipstein & Co. v. Allen

PARDEE, Circuit Judge.

After due investigation, I have concluded to overrule both demurrers—the demurrer to the petition on authority of section 3664 of the Civil Code of Georgia, and the demurrer to the answer on the grounds elaborated by Judge Sanborn in Cold Blast Transportation Co. v. Kansas City Bolt & Nut Co., 114 Fed. 77, 81, 52 C. C. A. 25, 57 L. R. A. 696, on which counsel on both sides of the case rely.

It is to be noted that the amended answer contains the averment “that solid quebracho was a necessary product for defendant’s factory, and the factory could not be run without its…