The Fair v. Estate Stove Co.

Plaintiff brought an action of assumpsit to recover' damages for the alleged breach of a contract. The declaration in two special counts declared on a written contract. In addition the plaintiff filed the common counts. A demurrer was sustained to the two special counts. The cause was then submitted to the court without a jury and after hearing the court found the issues in favor of the defendant and plaintiff appeals.

The record discloses that on the trial plaintiff offered the written contract declared on in the first two special counts as the basis of its cause of action under the common…