Wilkinson-Gaddis Co v. Van Riper

The opinion of the court was delivered by

Lippincott, J.

The declaration contains a special count on a contract of guaranty and the common counts. The demurrer is general to the whole declaration, which is bad pleading in this case, but it has been consented that argument and determination be had as if there had been a plea to the common counts and a demurrer to the special counts.

The first objection under the specifications is that the declaration does not aver the contract of guaranty to have been in writing.

The averment of the declaration in this respect, after the formal statements…