White v. . Eley

The complaint alleges that plaintiff placed with the defendant a horse to sell for him; that the defendant received for the horse the sum of $149, which he has converted to his own use, and asks for recovery of the sum so converted, and for arrest and bail of defendant. The defendant demurred ore tenus that the Superior Court had no original jurisdiction because this is an action on contract. The Court sustained the demurrer and dismissed the action.

There is error. “When the action can be fairly treated as based either on contract or in tort, the courts, in favor of jurisdiction, will sustain…