Kangas-Jacobsen Dairy, Inc. v. Lloyd-Smith

Knutson, Justice.

Appeal from an order of the court overruling portions of plaintiff’s demurrer to answers interposed by defendants.

This action was brought to recover damages alleged to have occurred when land on which plaintiff had erected a creamery building subsided. The appeal being from an order overruling a demurrer, we must look to the pleadings for the facts. Plaintiff’s complaint alleges that on September 29, 1939, defendants Kate Fowler Merle-Smith and Marjorie Fleming Lloyd-Smith, referred to hereinafter for clarity and brevity as the Smith defendants, were the owners of certain…