Department of Agriculture, Labor & Industry v. Devore

MR. JUSTICE' ANGSTMAN

delivered the opinion of the court.

This is an action in conversion. Defendant's general and special demurrer to the complaint was sustained. Plaintiff elected to stand on the complaint and judgment for defendant was entered. The appeal brings up for determination the sufficiency, of the complaint to withstand the attacks made upon it.

The complaint alleges, in substance, that the Department of Agriculture through the division of grain standards on the fourth day of December, 1929, with the consent and by the express authorization of the Walsh Grain Company, a…