Edwards-Warren Tire Co. v. Coble

Frankum, Judge.

The plaintiff in error insists on the general demurrer, the special demurrers with reference to the expenses of litigation, and the special demurrers to the exhibits attached to the petition. As there is no general insistence, on the other demurrers, the court will treat them as abandoned.

The defendant assigns error on the court’s overruling of the general demurrer. It is -the defendant’s contention that the plaintiff could have obtained the amount sued for simply by endorsing the defendant’s check and cashing it.

Under the contract the plaintiff was to be compensated for his…