Patterson

In these two appeals from judgments entered in favor of the defendants the plaintiff' attacks the rulings of the court sustaining general demurrers to the complaints without leave to amend.

The question involved in each ease is the same.

It appears from the complaints that William E. Dargie made, executed, and delivered to plaintiff an instrument in writing, a copy of which as set out therein is as follows:

Dargie died testate on February 10,' 1911, and thereafter plaintiff duly presented her claim based upon said instrument to the executors of his estate, by whom it was rejected.

Some confusion of thought may arise if there is not kept constantly in mind the difference between the question of the sufficiency of the complaint as a pleading and the question of the sufficiency of the instrument as evidence of a valid contract or obligation for the payment of money. At common law a seal was necessary in order to create a presumption that an executory contract was founded upon a valuable consideration, and, therefore, if it was not under seal, the rule of pleading was that the complaint or declaration must allege that the contract was executed for a valuable consideration. Our…