Ebbeskotte v. Tyler

The appellant brought this action to enjoin the appellee from violating an alleged negative covenant contained in a written contract between the appellant and the appellee. Appellee’s demurrer to the complaint was sustained by the trial court, the appellant refused to plead further and judgment was rendered for the appellee, from which the appellant appealed, assigning as error the sustaining of the demurrer.

The substance of the averments in the appellant’s amended complaint are:

“1. That plaintiff is now, and at all times herein mentioned was, an accountant engaged in the profession of public…