Mann

J. — The complaint avers that for a certain consideration named defendant agreed to pay plaintiff the sum of six thousand four hundred dollars, and that two thousand two hundred dollars of said amount was to be satisfied by the conveyance to plaintiff by defendant of certain described laud which defendant agreed to so convey, leaving four thousand two hundred dollars due plainuff after such conveyance. There was also an averment of an agreement by defendant, made in the same contract, to purchase certain personal property from plaintiff for $475; but as that item was abandoned by plaintiff at the trial, it need not be further considered. Certain special issues were submitted to a jury, who found them favorably to plaintiff. The court adopted them, and made other findings, and judgment was given to plaintiff for the four thousand two hundred dollars, and decreeing a conveyance from defendant to plaintiff of the said lands. Defendant appeals from the judgment, and from an order denying a new trial.

Appellant demurred to the complaint, on the grounds that several causes of action were improperly joined, and that the complaint was ambiguous, unintelligible, and uncertain. He contends…