Custer v. Kroeger

On February 16, 1923, the above-named plaintiff filed in the Circuit Court of Lewis County, an action against the above-named defendant, the legal effect of which will hereafter be stated. On March 19, 1923, defendant filed a demurrer to the petition upon the ground that it failed to state facts sufficient to constitute a cause of action. On April 17, 1923, the trial court sustained said demurrer and granted plaintiff leave to file an amended petition within sixty days from said date. On June 16, 1923, plaintiff filed his amended petition, which in substance states the following facts:

That he…