Gugle v. Loeser

The precise question involved in this controversy is whether plaintiff’s second amended petition is good as against demurrer. The trial court sustained the demurrer interposed by the defendant and, plaintiff not desiring to plead further, final judgment was rendered for the defendant. Upon appeal, the judgment below was affirmed by a majority of the Court of Appeals. Allowance of the motion for certification brings the case to this court for determination on its merits.

Epitomized, the second amended petition recites that plaintiff, an attorney at law, was a shareholder in a company known as…