Buelna

This action was brought to recover damages for breach of contract to marry. The case was tried with a jury, and a verdict rendered for plaintiff in the sum of seven liundred and fifty dollars, upon which judgment was entered. This appeal is from the judgment and order denying defendant’s motion for a new trial.

1. It is claimed that the court erred in overruling the •defendant’s demurrer to the complaint. The complaint was filed August 11, 1900. The contract to marry is alleged to have been made on August 10,1898, and the breach or refusal •of defendant to marry the plaintiff is alleged to have occurred on the ninth day of August, 1900. The defect relied upon is, that the complaint alleges that plaintiff was at all times up to and including the ninth day of August, 1900, ready and willing to marry the defendant, and that it does not allege that she was ready and willing to marry defendant after August 9, 1900, up to the time of filing the complaint, August 11, 1900. The complaint was sufficient in the respect pointed out. The breach occurred' on August 9, 1900, at which time it is alleged defendant refused to marry plaintiff, although plaintiff was ready and willing to marry the…