Kelley v. Creston Buick Sales Co.

. Mantz, J.

Plaintiff asks- specific performance of a written agreement, dated November 17,1945. Two defendants are named but for the purpose of this appeal we need refer only to Crestón Buick Sales Company as defendant. The appeal is from an order and decree dismissing plaintiff’s petition, following his failure to plead over, after an adverse determination of points of law (under Rule 105, Rules of Civil Procedure) in advance of trial on the issues of fact.

The written agreement is upon a. printed order form designed for use in various types of sales with blank spaces to be filled in…