HEAD, Justice.
1. The brief of counsel for the petitioner (plaintiff in error in this court) states that the issues of law to be determined are: "(1) Did the petition allege such lack of mental capacity upon the part of the plaintiff as would withstand a general demurrer? and (2) Did the plaintiff make such allegations with respect to tender as would withstand a general demurrer?"
These questions and the entire brief of counsel are pertinent to the allegations...
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