Bentley-Beale, Inc. v. Wesson Oil & Snowdrift Sales Co.

BROWN, Justice.

This appeal is by the plaintiff from a judgment of nonsuit superinduced by the adverse ruling of the circuit court on the demurrer of the defendant to the complaint, consisting of two counts.

The question presented is whether or not the complaint in either of said counts states a cause of action. And the question as to whether or not the damages claimed are purely speculative cannot be raised by demurrer to the complaint. Wilson v. Stocks, ante, p. 58, 163 So. 606.

The contract stated in said counts is not void in its entirety. So much thereof as relates to the joint adventure of…