Smith v. Zuckman

Julius J. Olson, Justice.

Plaintiff appeals from an order sustaining defendant’s general demurrer to his complaint.

This suit was brought by plaintiff as general administrator of the estate of one Albert Montgomery Smith, deceased, to recover damages and for injunctive relief upon the claim that defendant had breached a written contract entered into by decedent and defendant on December 31, 1935. The contract is pleaded as an exhibit attached to and forming part of the complaint. As far as here material it provides:

“This Agreement, made by and between Al. M. Smith, doing business as Al. M.…