Merchants Delivery Service, Inc. v. Joe Esco Tire Co.

DAVISON, Justice:

Merchants Delivery Service, Inc., and Louise Schwab, Incompetent, plaintiffs below, appeal from an order and judgment of the trial court sustaining the general demurrers of the defendants Joe Esco Tire Co., and J. B. Mason to plaintiffs’ petition, and dismissing plaintiffs’ alleged cause of action when plaintiffs elected to stand on their petition and not make any amendment of the same.

The question below and before this court is whether plaintiffs’ petition states a cause of action.

Plaintiffs’ petition alleged in part that on or about a certain date the defendant J. B. Mason,…