Hruska v. Parke, Davis & Co.

POLLOCK, District Judge.

The question presented for review in this ease is clear and direct. Did the trial court commit error in sustaining the general demurrer to the third-amended petition of plaintiff and in entering final judgment against plaintiff? A reading and statement of the facts found in thp petition, well pleaded, hence by the demurrer admitted, may be summarized as follows;

Defendant corporation is and was engaged in the business of manufacturing chemists, making drugs, medicines, and preparations of many kinds, and in advertising and selling the same to retail druggists and…