Bowling v. Fidelity Bank

The first question involved: Was his Honor below correct in sustaining the defendant’s demurrer ore ienus to the complaint upon the ground that said complaint did not state facts sufficient to constitute a cause of action? We think not.

We think that the complaint alleges a contract made by defendant with plaintiff and a breach, in reference to refinancing the lien held by defendant on the 22.95 acres of land owned by plaintiff. The contract also sets forth other conditions. The plaintiff alleges that “he has always been ready and willing to carry out the refinancing agreement then and there…