Krebenios v. Lindauer

Plaintiff's complaint originally charged an ordinary action ex delicto. Upon September 28, 1914, he filed an amended complaint charging a violation of a contract of employment and seeking damages predicated upon this violation of the contract. The injury complained of is alleged to have been sustained on June 24, 1912. Defendant demurred and upon demurrer urged the har of the statute of limitations. Upon this appeal appellant contends only that, notwithstanding he had pleaded a breach of contract, the court sustained the demurrer on the ground that his action was in tort, and therefore barred…