Digges

This action was for damages for defendant’s alleged breach of a contract expressed in writing as follows:

The-defendant demurred to the complaint generally upon the ground of the insufficiency of the facts stated to constitute a cause of action, and in addition specified fourteen particulars in "which it was claimed that the complaint was uncertain and ambiguous. Upon the overruling of the demurrer the defendant answered by denying all of the material allegations of the complaint, and upon the issues thus raised the case was tried with a jury. Upon a verdict rendered in favor of the plaintiff judgment was entered against the defendant in the sum of $1,957.55, from which and from an order denying a new trial the defendant has appealed upon the judgment-roll and a bill of exceptions.

Plaintiff’s complaint, after alleging in effect the execution of the foregoing contract, averred that between the fifteenth day of April and the first day of September, 1910, said E. A. Eaton, being able and willing to perform his part of the contract, tendered to said R. M. Digges the said grain, and performed each and every act required of him in the manner and at the time prescribed by the…