Smith v. Gorsuch

Ilsley, District Judge.

A demurrer to plaintiff’s first amended petition, on the ground that the petition did not state facts sufficient to constitute a cause of action, was sustained, and, the plaintiff refusing to plead further, judgment was entered dismissing the cause with prejudice. The plaintiff brings his case here on proceedings in error. Was the demurrer properly sustained?

Briefly, the petition states that the defendant owned real property in Casper, Wyoming; that plaintiff agreed to purchase, through defendant’s agent, and the defendant agreed to sell for $9,500, upon the following…