Bagge

This cause is before us upon an appeal by the plaintiff from a judgment rendered in favor of the defendants, after demurrer to the plaintiff’s complaint had been sustained without leave to amend.

The complaint is in two counts. The first is to recover the sum of $60,712, with interest, on a conditional sales contract covering fifteen trucks alleged to have been sold by the plaintiff to the defendants. The second cause of action is set forth by way of common counts, for goods, wares and merchandise sold and delivered to the defendants. The demurrer of the defendants was based upon the objection that neither the first nor the second cause of action set forth sufficient facts to enable the plaintiff to maintain the suit. The demurrer was also directed against the first cause of action on the further ground that it was ambiguous, uncertain, etc. The court sustained the demurrer to both counts without leave to amend.

The conditional contract upon which the first cause of action set out in the plaintiff’s complaint is set forth is an exhibit and is made a part of the first cause of action. This conditional contract, as it appears in the transcript, sets forth the price at which the…