Hurlbert v. T. D. Kellogg Lumber & Manufacturing Co.

This was an action at law to recover damages for breach of a written contract. Upon the trial the court held upon demurrer ore tenus that the answer contained neither a good defense nor a good counterclaim, and directed a judgment for the plaintiffs, from which judgment the defendant appeals.

*226In order to understand the questions raised by tbe ruling, it will be necessary to make a brief recapitulation of tbe pleading's and tbe facts appearing when tbe ruling was made. Tbe complaint was upon a written contract, wbicb bound tbe plaintiffs to cut and deliver to tbe defendant, free of liens, all…