Indiana Court of Appeals May 17, 1894, No. 1,207 (Smith v. Roseboom)

Ross, J.

The appellees brought this action against the appellant to rescind a contract which had been partially executed.

The first two errors assigned by the appellant on this appeal call in question the correctness of the court’s ruling in overruling the demurrer to the first and second paragraphs of the complaint, the first paragraph of which, omitting the caption, reads as follows:

“The above