Johnson v. Upper

Appellant brought this action to recover damages for an alleged breach of an oral contract. Respondent filed a general demurrer to the complaint. *695This demurrer was sustained by the court. Plaintiff elected to stand on the allegations of the complaint, and the action was dismissed. Plaintiff appeals.

The complaint alleges:

“That on or about September 20, 1902, said plaintiff and defendant entered into a mutual oral agreement as follows, to wit: Said defendant represented that he was the owner of three hundred and sixty acres of land near Derby, and two hundred acres of land situated near…