Goodwin v. Adler

The suit is one to recover damages for breach of contract. The action of the court in sustaining demurrer to count A of the complaint may well be rested upon the assignment taking the point-that the pleader failed to allege whether the contract sued upon was verbal or written (Byars v. James, 208 Ala. 300, 94 So. 536), and this count may therefore be laid out of view.

The demurrer to count B was properly sustained upon the theory the alleged contract was too vague and indefinite upon which a right of action for its breach may be rested. It is essential to a contract that the nature and the…