Diggs

In this case a demurrer was interposed to the complaint, which having been sustained, the plaintiffs refused to amend. This appeal is taken from that judgment, as well as from an order refusing an injunction.

Appellant has very little to say in his points in regard to the demurrer, further than that it is not pretended that his complaint does not state a cause of action, and that the burden on that question is on the. demurring party. The respondent does not allude to the subject. Looking at the complaint and the demurrer, I see no valid point against the sufficiency of the complaint. The judgment upon the demurrer is, therefore, reversed.

The only question considered in the briefs has reference to the order refusing the injunction. It appears *199 that plaintiffs purchased from defendants certain potatoes, which were warranted to be merchantable and suitable and fit for the market in Denver. Plaintiffs paid the purchase price, except the sum of one hundred and thirty-two dollars. For this sum suit was brought against plaintiff in the justice court. Appellants appeared and answered, setting up a counterclaim for five hundred dollars damages for violation of the warranty. This…