Neal v. Shewalter

The complaint of the appellees against the appellants contained three paragraphs. A demurrer to each paragraph was overruled. By assignment of error and by argument thereunder the appellants assail the rulings on demurrer, as to each paragraph, but it appears that while they excepted to the rulings as to the first and second paragraphs, *149no exception was taken to the overruling of the demurrer as to the third paragraph.

A written contract filed with and made part of each of. the first two paragraphs was as follows :

“Portland, Ind., Aug. 18, 1887.

“ This memorandum of agreement, made and entered…