Leszynsky v. Ross

The demurrer to the complaint, if well founded, may save the need of a trial upon the facts as the strength of the plaintiff’s case is carefully stated, and the pleadings free from criticism save as the facts stated may fall short of affording relief.

The controversy is between two persons engaged in the floating "of mining properties. They made two agreements, somewhat involved in their character, the one dated May 15, 1899, and the other September 13, 1899. The plaintiff seeks to rescind the latter agreement, on the ground of fraud of the defendant by which plaintiff was induced to assign…