McPherson v. Cement Gun Co.
Court of Appeals for the Tenth Circuit
1Opinion of the Court
PHILLIPS, Circuit Judge.
McPherson, hereinafter called plaintiff, brought this action against the Gun Company, hereinafter called defendant, to recover damages for alleged breach of contract.
Defendant demurred to the petition on the ground that it failed to state sufficient facts .to constitute a cause of action. The court overruled such demurrer and defendant elected to stand thereon and not plead fur ther. Trial by jury was duly waived and on July 30, 1930, the cause came on for trial before the court. At the close of plaintiff’s evidence, defendant interposed a demurrer thereto. The court…
2Cases cited13 opinions
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- Southern Surety Co. of Des Moines v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Shannon v. Shaffer Oil & Refining Co.Court of Appeals for the Tenth Circuit · 1931
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