Foust v. Carney

Foust filed his suit in the Chancery Court of Montgomery County for breach of contract. The bill as filed was demurred to. After the demurrer was filed an amendment was made to the bill. The demurrer was overruled by the Chancellor and a discretionary appeal allowed. The appeal has been seasonably perfected, errors assigned and arguments heard. We now have the matter for disposition.

The bill alleged a verbal contract between the appellee, Foust, and the appellants, Carney, et al. The demurrer of the defendants is based on two grounds to wit: (1) that the bill shows on its face that the cause…