Ross v. Cook

The opinion of the court was delivered by

Mason, J.:

This proceeding is brought to reverse the action of the district court in sustaining a demurrer to a petition, the substantial averments of which were that in July, 1901, defendant made an oral contract with plaintiffs selling to them the grass growing upon an eighty-acre tract of land owned by him, which provided that plaintiffs should cut and remove such grass and pay defendant therefor at the rate of $1.50 an acre; that upon the faith of the agreement plaintiffs had cut the grass upon five acres, at an expense of $8; that defendant then…