Lass

Action by vendee to recover the rental of certain land purchased under a probate sale. A demurrer to the complaint was interposed and sustained. Plaintiff refused to amend and judgment went in favor of defendant. This is an appeal from such judgment. The complaint alleges defendant to be the duly appointed, qualified, and acting executor of the last will and testament of one Richard Flaherty, deceased. During the month of September, 1923, defendant, as such executor, caused a notice of sale to be published of his intention to sell a described parcel of real property to the highest bidder, subject to confirmation of the probate court. On the tenth day of October, following, plaintiff submitted a bid in writing signed by himself in the amount of $33,300. This was the highest bid received and defendant accepted the same on October 19, 1923. On the same day plaintiff paid defendant the sum of $3,300 as deposit and part payment of the purchase price, whereupon defendant immediately filed a duly verified return to the probate court and petitioned for confirmation. At the hearing the court erroneously and contrary to law refused to confirm the transaction and ordered a new sale. From…