Donald v. Gearhardt

The complaint alleges that the plaintiff furnished and delivered to the defendant certain merchandise at his request and demands judgment therefor. There are neither allegations of the nonpayment of the purchase price, nor of indebtedness nor of a breach of contract. The plaintiff’s bill of particulars states in detail the articles furnished by the plaintiff to the defendant with the prices thereof. It also states an item of credit and a “ balance.”

The defendant demurs to the complaint on the ground that it does not state a cause of action. The plaintiff urges that the bill of particulars…