Burkitt v. Vail

On the Merits.

For appellants "there was a brief over the names of Mr. Elmer E. Pettingell, Mr. George S. Shepherd, Mr. B. W. Taylor and Mr. H. A. Robertson, with an oral argument by Mr. B. W. Taylor. For respondent there was a brief over the name of Mr. Ralph A. Goan, with an oral argument by Mr. Abe E. Rosenberg. COSHOW, J.

Defendants claim the complaint is defective in this, that it does not allege in proper form and manner the breach of the redelivery bond. The complaint alleges the giving of the redelivery bond “and that the defendants herein wholly failed, refused and neglected to…