OCR Text |
Show BAILEY VERDICT IS REVERSED BY COURT In an opinion handed down by the Supreme Su-preme eourt today the lower court is reversed re-versed in the case of John H. Bailey & Sons, appellants, vs. David Lelshman. The case is remanded to the lower court with Instructions to overrule the demurrer demur-rer to the complaint, permit th defendant defend-ant to answer and proceed with the case according to law. The action was brought In the lower court- to recover $150 alleged to be due on a breach of contract. In the lower court the defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained and the case dismissed by the lower court. The opinion was written by Justice Jus-tice Frick and concurred in by District Judge Ritchie. Chief Justice McCarty dissented. |