Bavarian Brewing Co. v. Retkowski

Citations

• 30 Del. 559
• 7 Boyce 559
• 109 A. 579
• 1920 Del. LEXIS 45

Syllabus

<p>1. Pleading—Demurrer to Declaration on Note Cannot Set up Collateral Agreement.</p> <p>Where the declaration on a promissory note was sufficient in form and substance, defendant cannot by demurrer set up a collateral agreement, the conditions of which plaintiff had not performed, since the only deviation from the rule that a demurrer is never founded on matter collateral to the pleading attacked is when declaration has only partially stated a deed.</p> <p>2. Pleading—Defendant Cannot Interpose Plea of Oyer and Demurrer to Good Declaration on Note.</p> <p>Defendant cannot interpose a plea of oyer and demurrer to a declaration ón a promissory note, for the purpose of setting up a collateral agreement under seal, the conditions of which plaintiff had not performed.</p>