Patterson

This is an appeal from an order granting the plaintiff’s motion to strike out certain portions of the defendant’s answer, and also from the judgment on the pleadings rendered and entered after said motion to strike out had been granted and upon plaintiff’s motion for such judgment.

The action was for the recovery of an installment payment of six thousand dollars with interest, alleged to be due upon 'a certain contract for the sale of real estate by the plaintiff to the defendant. Two points are presented upon the appeal: First, that the complaint did not state facts sufficient to constitute a cause of action. We find no merit in this contention. The complaint sets forth in full the contract upon which the action was predicated, and shows that the sum of six thousand dollars and interest was due upon that contract prior to the commencement of this action and that the same was unpaid. The appellant contends that the complaint should also have alleged the tender of a deed on the part of the plaintiff to the defendant covering the premises in question, as a prerequisite to the institution of this action; but in view of the fact that this action was brought for the recovery of an…