Citizens Ice & Fuel Co. v. Fairbanks, Morse & Co.

Opinion of the Court by

Judge Oammack

Affirming.

The Citizens Ice & Fuel Company, of Glasgow, is challenging the correctness of the ruling of the trial court in sustaining the motion of Fairbanks, Morse & Company to require the Ice Company to make its petition more definite, certain and specific, by showing whether the purchase arrangement between the parties referred to in the petition was oral or in writing, and, if it was in writing, to file a copy. The petition was framed with the view of basing the cause of action on an implied warranty arising out of “a state of facts,” and was not…