Fuller v. Drenberg

At the outset, and in view of the arguments of counsel, it should be stated with particularity that the single issue presented in this case is one of pleading: Whether the plaintiffs’ second amended petition states a cause of action.

Although but one recovery is sought in the case, the plaintiffs have alleged three separate and distinct causes of action. The first cause of action seeks relief for breach of warranty; the second cause of action seeks rescission for mutual mistake; and the third cause of action proceeds upon the alternative theory of fraud.

It is fundamental that a general…