Miller v. Ferguson

STURTEVANT J.

The plaintiffs commenced an action against the defendants to recover damages for alleged deceit. The defendants appeared and demurred, the demurrer was sustained, and, the plaintiffs declining and neglecting to amend, judgment was entered in favor of the defendants. The plaintiffs have appealed under section 953a of the Code of Civil Procedure.

In their complaint the plaintiffs allege that O. N. Miller, the husband, signed an agreement to exchange lands and they set forth the agreement; that Margaret Miller, the wife, later signed a paper agreeing to the terms of the paper signed…