Estey v. Southwestern Gas Co.

The opinion of the court was delivered by

Johnston, C. J.:

This was an action to recover damages for the breach of a contract entered into by the plaintiff with the Southwestern Gas Company and the Manufacturers Fuel Supply Company. After issues had been joined and the trial was begun, counsel for plaintiff made his opening statement and upon that and averments of the petition the court held that the plaintiff had not set forth a cause of action and sustained the motion of defendants for judgment in their favor on the first count of the petition. From that ruling plaintiff appeals.

*574The plaintiff…