Yarbrough

Plaintiff was awarded judgment in the sum of $800 upon an alleged contract made with the defendants. Defendants have appealed from that judgment and here present the judgment-roll, insisting that the complaint of plaintiff fails to state sufficient facts to constitute a cause of action and that their demurrer interposed thereto should have been sustained.

In paragraph III of his complaint plaintiff alleged that on the 20th of December, 1920, defendants executed a “memorandum” in writing wherein and whereby the terms of said agreement were set forth, said instrument being in words and figures as follows, to wit:

It was further alleged that in consideration of said agreement plaintiff furnished to the defendants the information referred to in said memorandum, “to wit, information where and when a certain 340 K. W. D. C. generator might be purchased. That the said information so furnished by plaintiff to the defendants was the same information and all of the information referred to in said memorandum aforesaid and was all of the information required to be furnished and asked for by the defendants.” It was further alleged that defendants did purchase the generator for a sum less…