Bigham v. Bank of Madison

Mrs. Mary A. Bigham brought an action against the Bank of Madison, to the June term, 1934, of the superior court of Morgan County, to recover $12,500 for an alleged breach of its contract to convey certain land to the plaintiff. The defendant demurred to the petition generally and specially, and, without passing upon the special demurrers, the court sustained the general demurrer and dismissed the petition. The correctness of this judgment is the sole question for determination.

Omitting some of the formal allegations, the petition, by paragraph, is substantially as follows:

2. On August 2,…