Smith v. Lewis County Abstract & Investment Co.

WOLFE, Judge.

This is an action whereby the plaintiff seeks to recover from the defendant abstract company the sum of $5,000 in damages. It alleged that the damages arose by reason of an omission in an abstract of title whereby the plaintiff was caused *34to lose his claim of title to certain real estate that he had purchased. The defendant filed a motion to dismiss the petition. The court sustained the motion to dismiss and thereafter the plaintiff appealed.

The petition is as follows:

“Plaintiff, for his cause of action against the defendant, states:

“1. That the defendant is and was at all times…