Peak v. Republic Truck Sales Corp.

This is an appeal by plaintiff from a judgment in the defendants’ favor and for their costs. The appeal is upon the judgment-roll. The action was one to recover from the defendants the sum of $95,879.18, based upon two alleged agreements in writing entered into between the plaintiff and the defendants, the terms of which it is alleged the defendants have violated. The plaintiff does not plead these written agreements separately or in haec verba in his complaint, but undertakes to set them up according to his interpretation of their legal effect. He alleges in the early part of his complaint…