Dunn v. Dunn

BERRY, Justice.

This is an appeal upon the original record from an order entered by the trial court sustaining defendant’s demurrer to the amended petition, and ordering -the cause: dismissed.

The amended petition alleged, in substance, that plaintiffs were copartners engaged in the construction business and the defendant was in the business of selling building materials. In April, 1961, the parties entered into an oral contract under terms of which plaintiffs agreed to purchase all building materials used, insofar as same were available, from defendant. As consideration therefor defendant…