Breedon v. White

This is an appeal from an order of the superior court sustaining a motion to dismiss plaintiff’s amended complaint. Plaintiff having stood on his complaint and refusing to amend, judgment was entered dismissing his action.

The sole question for determination here is, did the amended complaint state a claim upon which relief could he granted? The facts as set forth in the complaint are:

For some months prior to and on April 17, 1943, the defendant, a contractor, was engaged in the building or reconstruction of 7% miles of U. S. Highway No. 60 — 70, in Maricopa County, south of Wittman. Hnder its…