Larimer & Weld Reservoir Co. v. Fort Collins Milling & Elevator Co.

Garrigues, J.,

after stating the facts as above.

*2451. A motion by a defendant for judgment on the pleadings, where a complaint, answer, and replication are filed, admits the truth of all material allegations well pleaded. Where an issue tendered by the answer is admitted by the replication, the court in order to sustain defendant’s motion for judgment on the pleadings, must find (even if the replication could be established), the law requires that the motion be sustained. The question presented then, is: Admitting its pleadings to be true, can plaintiff maintain the action, and is it entitled to…