Dealers Discount & Investment Co. v. Mitchell Motors, Inc.

Nichols, Judge.

Special demurrers 3 and 7 complain that the petition fails to set forth the terms and conditions of the alleged oral contract and also fails to allege that the written contract complied with the terms of the oral contract. The trial court did not err in overruling these demurrers because every element of the entire transaction was set out in the original petition, and particularly in the amendment thereto wherein it is alleged “plaintiff says further that said defendant, by and through its said agent Bulloch positively stated to plaintiff’s agent' Ritz in plaintiff’s place of…