Atherton v. Goodwin

The opinion of the court was delivered by

Thiele, J.

This was an action for damages. Defendants’ motions to strike certain paragraphs of plaintiff’s petition were denied, and they appeal. It may here be noted that the parties and the trial court considered the motions to strike in the nature of demurrers, and we shall so consider them. (Starks Food Markets, Inc., v. El Dorado Refining Co., 156 Kan. 577, 134 P. 2d 1102; 41 Am. Jur. 529.)

The portions of the petition necessary to notice contained the following allegations: Plaintiff operated a grain elevator and warehouse in Russell and was…