Chappell v. F. A. D. Andrea Inc.

(After stating the foregoing facts.) The brief for the defendant in error is so thoroughly in accord with our views that we are incorporating much of it in this opinion. Did the court err in its ruling on the demurrer as complained of in the exceptions pendente lite? To determine this, let us consider the pertinent portions of the contract alleged in the answer and the cross-bill to have been breached by the plaintiff. These are as follows: “1st. Said plaintiff did then and there agree with this defendant to furnish and sell him said radio sets, all fixtures and attachments thereto complete,…