Siebert v. Smith

OPINION

Per Cttriam:

Counsel for respondent, in his petition for a rehearing, says:

“In the case at bar, if I am not mistaken, Mr. Siebert, the appellant, had a valid contract by which he could have received the stock which, according to his complaint, was to be delivered to him upon the fulfillment of the conditions specified in the alleged contract.”

The first cause of action pleaded in the complaint was upon the alleged contract. This cause of action was demurred to by respondent upon the ground that it did not state facts sufficient to constitute a cause of action, in that it did not plead a…