Thiele v. Carey

This is an action to recover bach a payment of $50 on •the purchase price of 244 acres of land in Cuming county under a petition containing allegations to the effect that defendant agreed to convey the land to plaintiff for $12,810 and subsequently repudiated the contract. Defendant demurred on the grounds that the petition does not state facts sufficient to constitute a cause of action and that the action is barred by the statute of limitations. The district court sustained the demurrer on both grounds. Plaintiff refused to plead further and the action was dismissed. This is an appeal by…