Baker v. Craig

The opinion of the court was delivered by

Hutchison, J.:'

The appeal in this case is by the plaintiff from the ruling of the trial court in sustaining a demurrer to his petition, *812consisting of three counts. The first count is upon an oral contract and to recover damages resulting from the breach thereof by depriving the plaintiff of the use of certain well-drilling tools and the depreciation on the value of them and the loss of tools stolen and destroyed. The second count is based upon a tort, describing the same situation as plead in the first count in language necessary and appropriate to…