T. D. Murdock et al., Appellants, v. The Calgary Colonization Company, Appellee.

Glen. No. 5,850.

(Not to be reported in full.)

Appeal from the Circuit Court of Warren county; the Hon. Robert J. Gbieb, Judge, presiding.

Heard in this court at the April term, 1914.

Appeal dismissed.

Opinion filed April 15, 1914.

*233Statement of the Case.

Action by T. D. Murdock and E. V. Field against The Calgary Colonization Company to recover on a contract for commissions on the sale of land, which contract was oral. There was a plea of the statute of limitations of the State of Manitoba, where the contract was made, and a demurrer thereto which was overruled. Thereafter defendant withdrew its plea of the general issue and plaintiffs elected to stand by their demurrer. Thereupon a judgment for costs was entered in favor of defendant against the plaintiffs. From the judgment, plaintiffs appeal.

E. P. Field and Safford & Graham, for appellants.

Brown & Soule, for appellee.

Abstract of the Decision. Appeal and ebbob, § 278 * —when judgment -for costs on overruling a demurrer is not final. A judgment against plaintiffs for costs, where the court overruled plaintiffs’ demurrer to a plea and the plaintiffs elected to stand by their demurrer, held not a final judgment where it did not adjudge that “plaintiffs take nothing by their suit and that defendants go hence without day.”