Chamberloix

In this case judgment was rendered against the plaintiff on demurrer to the complaint. The complaint, besides other appropriate allegations, contains the following statement of the transaction out of which the alleged cause of action grew: “That on or about the fourteenth day of July, 1884, said Buchtel College proposed and offered in writing to the said Anna A. Johnson, .that it would establish in the name of said Anna A. Johnson, and for her benefit, and the benefit of her heirs, a perpetual scholarship in said Buchtel College, the same to be issued at her death, if said Anna A. Johnson would execute to the said Buchtel College her promissory note in the sum of $1,000.00 to be paid at Akron, Ohio, on her death. That on or about said fourteenth day of July, 1884, said Anna A. Johnson accepted the said offer and proposal so made by said Buchtel College by executing and delivering to the said Buchtel College her promissory note to the date aforesaid in words and figures following, to wit:

It is further alleged, in effect, that the terms of the contract as alleged had been fully performed by the plaintiff, and that the claim of plaintiff had been duly presented for approval to the…