Cochrane v. C. Hennecke Co.

The theory of plaintiff as to its right to maintain the first cause of action is confusing and indefinite. *151It is based mostly upon arguments founded upon facts supposed to exist or claimed that may exist, or may be shown upon the trial, rather than upon the facts alleged in the complaint. It is an elementary principle of law that upon a demurrer to a complaint the facts alleged in the complaint control and recourse cannot be had to a supposed state of facts or upon a guess as to what the evidence may show upon the trial. As a basis for this criticism several extracts from the argument of…