Emanuel

Plaintiffs commenced an action to recover moneys alleged to be due under the terms of an executory contract for the sale of shares of stock in a corporation. Attacks on some of defendant’s pleadings were sustained. Later the defendant filed a second amended answer, and still later, with the consent of the court, he filed amendments thereto. The plaintiffs again demurred to the defendant’s answer as amended and again interposed a motion to strike out parts thereof. The trial court overruled the demurrer and granted the motion to strike out. Thereafter the action went to trial and judgment was rendered in favor of the plaintiffs and against the defendant for a part of the relief prayed for by the plaintiffs. From so much of the judgment as was rendered in favor of the plaintiffs the defendant has appealed and has brought up bills of exception. In support of his appeal the appellant contends that the order striking out had the result of prevent ing the appellant from presenting any affirmative defense in the trial court. As the cause went to trial on the plaintiffs’ complaint and supplemental complaint and the second amended answer, out of which parts had been stricken by virtue of…