Gilmore v. Superior Oil Co.

The opinion of the court was delivered by

Robb, J.:

This is an appeal from the trial court’s judgments and orders of October 22, 1962, and November 8, 1962, sustaining defendant’s demurrer to plaintiffs’ amended petition and granting judgment for defendant.

A petition was filed on June 28, 1962, and on September 7, 1962, the trial court permitted amendments to paragraphs 4, 11, and 13 (c), and on October 22, 1962, permitted plaintiffs to amend paragraphs 5 and 6 and attach thereto exhibits “C” and “D.”

Pertinent allegations of the amended petition were that on December 6, 1946, plaintiffs and…