Thomas v. Casford

DAVISON, Justice.

This is an appeal by plaintiff on the original record from an order of the lower court sustaining defendant’s demurrer to plaintiff’s second amended petition.

Plaintiff filed this suit in the lower court on July 17, 1959. Plaintiff alleged in his amended petition that on August 7, 1957, he was an employee of a motor company and that defendant’s car was in the company’s shop for repair; that defendant called for the car and plaintiff, as instructed by the employer, refused to deliver the car until the charges were paid. The amended petition then alleged:

“3. That upon the…