Taylor

A demurrer assigning the general ground that sufficient facts were not stated to constitute a cause of action, was interposed to plaintiff’s complaint and overruled by the trial court. Defendant failing to answer within the time alllowed by the court, judgment was entered in accordance with the prayer of the complaint. This appeal, from that judgment, followed.

The contract upon which the action was brought, and which was set out in the complaint, was as follows:

It will be noted that the contract was upon a consideration executed, the only uncertain condition being as to the date of its maturity. Not being complete in its statement of the conditions upon the performance of which the money would become due, plaintiff set out in his complaint other facts as follows:

For the purposes of a consideration of the ruling on the demurrer, the allegations in paragraph III may be disregarded wholly, in so far as they refer to the matter of what constituted a reasonable time for the construction of the water-plant and the turning of the water on the land referred to in the contract. It sufficiently appears by appropriate allegations that defendant had agreed to construct a water-plant and…