Northern States Power Co. v. Franklin

Rogosheske, Justice.

Appeal from an order dismissing alternative counterclaims asserted by defendant Schmidt Investment Company, Inc., hereinafter designated defendant. The order resulted from a motion by plaintiff pursuant to Rule 12.02(5), Rules of Civil Procedure.

The sole issue raised by the appeal is whether the allegations of defendant’s counterclaims were sufficient to withstand a motion for dismissal on the ground that each failed to state a claim upon which relief could be granted.

Defendant’s pleadings were in response to plaintiff’s complaint which alleged that on July 18, 1951, Lydia…