Thurston v. Fritz

The opinion of the court was delivered by

West, J.:

At the close of the plaintiff’s testimony the court sustained a demurrer thereto, and this ruling is assigned as the principal error complained of. The action was brought to recover a balance claimed to be due from the defendants for a tract of land (including about $300 worth of personal property) formerly owned by the plaintiff’s testator, John Rund, which the evidence shows was worth from $4500 to $6000. The testimony was to the effect that sometime before a sale was made defendant Beal had a conversation with Rund- about buying the farm…