Morrison v. Jacoby

On Petition for a Rehearing.

Elliott, J.

The áppellees’ counsel, in their brief on the petition for a rehearing, thus state the point which they argue : il Though other questions are stated in the petition for a rehearing, the only one which we desire to present is whether the complaint, or any paragraph of it, is bad because it is not averred that the money alleged to have been tendered to Morrison.is brought into court for his use and benefit.”

The contention of counsel is, that an averment that the plaintiffs “ are able, ready and willing to pay, and offer to pay, whatever sum shall be found…