Thomas v. Eason

Head, Justice.

The trial court did not err in overruling the general demurrers of the defendant to the petition. A cause of action for specific performance of the contract was duly set forth in precise allegations. The special demurrer of the defendant to the allegation that the purchase price “was tendered to said defendant for said land under the terms of said contract,” as being a conclusion, is without merit. That'the tender was made under the terms of the contract is not a conclusion, when viewed with the other allegations as to tender. The allegations of tender in their entirety had…