Foster Implement Co. v. Smith

This is an appeal from a judgment of the district court of Foster county in plaintiff’s favor. The principal errors assigned relate to the sufficiency of the complaint, which is as follows: “Plaintiff, for its amended complaint, herein complains and alleges: (1) The plaintiff is and during all of the times mentioned in this complaint has been a corporation duly organized and existing under the laws of this state.. (2) That on or about the 24th day of September, 1906, the plaintiff and the defendant entered into a written *179contract by the terms of which the plaintiff agreed to buy, and the…