Show TO BE TRI ON O ITS MERITS Judge Morse Overrules Defendants Demurrer in Case of Junghandel and Caine vs Hagenbarth The action for brought by Max Junghandel and Joseph E Caine against F J Hagenbarth will be tried on its merits In the district court this was decided yesterday when Judge Lewis overruled the demurrer of the defendant to the amended complaint The case has attracted considerable attention because of ot the amount in involved Involved involved and the prominence of the par parties parties parties ties The complaint alleges that Caine and Junghandel sold to Hagenbarth last February an option on the prop property property erty of the Ludwig Copper Conner Mining compans property at Yerington Nev for of the amount I to be paid bimonthly As yet there have been no payments Besides the option price Hagenbarth was supposed to pay the copper company for its property which was covered by bythe bythe bythe the original option seemed secured by the plaintiffs and sold to defendant The demurrer entered two weeks ago agoto agoto agoto to the original complaint on the ground that It was ambiguous was sustained by Judge Lewis who however gave gaye the plaintiffs permission to file an amended complaint This they did and It was demurred to on the same ground but Judge Lewis held that It clear clearly clearly clearly ly stated staged a cause of action C S Price represented Caine and Junghandel while the Interests of Ha Hagenbarth Hagenbarth were looked after by Judge W V H Dickson |