Christensen v. Lelis Automatic Transmission Service, Inc.

CALLISTER, Justice:

Plaintiff appeals from a judgment dismissing his complaint on the ground that it does not state a claim upon which relief can be granted. Plaintiff filed his complaint; defendant, in response, filed a motion to dismiss under Rule 12(b) (6), U.R. C.P. The motion came on for hearing, at *167which time the trial court by interlineation added a few words to the complaint, which the court characterized as an amendment. Defendant renewed its motion to dismiss, which the court granted. Plaintiff’s action was dismissed with prejudice.

Plaintiff’s complaint was set forth in 19…