Furr v. Foulke

This is an appeal from an order overruling defendant’s demurrer to plaintiff’s amended1 complaint. On, a former appeal we reversed an order overruling a demurrer to the original complaint (62 S. D. 15, 250 N. W. 667, 668), and the case was returned to the trial court, where the plaintiff amended his complaint. Defendant demurred to tire amended complaint on the ground that it did not state facts sufficient to constitute a cause of action. This demurrer was overruled, and defendant again appeals.

In the original complaint plaintiff stated the gravamen of his cause in the following language:

“That…