Cypert v. Holmes

LA PRADE, Chief Justice.

This is an appeal from a judgment in the trial court dismissing the plaintiff’s complaint on the ground that it did not state a claim upon which relief could be granted. Plaintiff was given the right to amend, but believing that his complaint did state a cause of action decided to stand on the complaint and appeal.

In brief the complaint alleges that the plaintiff, through an agent, was negotiating for the sale of certain lands located in Yuma County. On July 9, 1954, as a result of the negotiations, defendant wrote the following letter to plaintiff’s agent:

“Enclosed is…