Kirkpatrick v. Fairbanks, Morse & Co.

McLUCAS, J.,

pro tem. — Plaintiff appeals from a judgment of dismissal after demurrer had been sustained to plaintiff’s fourth amended complaint with leave to amend, and plaintiff had failed to amend his complaint. The demurrer was both general and special.

It is alleged in the complaint that the parties entered into a certain contract on the twenty-fifth day of March, 1922, wherein the defendant agreed to furnish plaintiff an oil engine, together with appliances and equipment specified in said contract, and to furnish a competent erector for installing the said engine and appliances, and to…