Jet Construction Co. v. C. C. Whitten, Inc.

This is an action in contract wherein the plaintiff appeals from an order sustaining the defendant’s demurrer to the substitute declaration containing two counts.

The demurrer reads as follows:

“The defendant demurs to the plaintiff’s substitute declaration and assigns as reason therefor:

*1541. The plaintiff has failed to file a sufficient bill of particulars with its declaration as required by law.

2. The plaintiff has failed to state a cause of action against this defendant.”

“The function of a demurrer is to test the sufficiency of the pleading against which it is directed and, its scope being thus…