McCormick v. Tissier

THOMAS, J.-

The plaintiff amends the complaint by withdrawing counts 1 and 2, and because of sustaining demurrer to count 3 takes a nonsuit, by reason of such adverse ruling.

The effect of defendant’s demurrer sustained and causing nonsuit was that the agreement to sell the various articles and property of the going business was indivisible and impossible of performance, unless defendant and purchaser entered into a new contract fixing the price of “off brand” goods; that as to such goods no price was agreed upon, and no method fixed by the contract for ascertainment of such price without other…