Jenkins v. King

Appellants brought this action to enjoin appellee from violating an alleged negative covenant contained in a written contract between appellants and appellee. Appellee’s general demurrer to the complaint was sustained by the court below, appellants refused to plead further and judgment was rendered for appellee, from which appellants appeal, assigning as error the sustaining of the demurrer.

In determining the correctness or lack of correctness of the court’s ruling on the demurrer we are governed by the rule that, for the purposes of the demurrer, all facts well pleaded are taken as true. The…