Gamma Tau Educational Foundation v. Ohio Casualty Insurance

On this appeal we do not have the benefit of a memorandum decision by the trial judge, so we are unable to determine the rationale upon which he based his order. It appears, however, that the defendant’s demurrer in respect to the failure to plead a cause of action is predicated upon the failure of the plaintiff to plead compliance with the conditions precedent in that contract. We are satisfied that the complaint is not defective in that regard. Since we must determine a matter on demurrer on the basis of facts alleged within the four corners of the complaint, we are unable to ascertain what…