Mitchell v. Jones

A suit for an accounting on a written contract set forth in an amended complaint. The right to maintain the suit was challenged by demurrer on the ground that the contract was contrary to public policy and void. The demurrer was sustained, and plaintiff, electing to stand on his pleading, suffered judgment of dismissal. Omitting formal opening and closing, the amended complaint reads:

“First: That the defendant is now and during all of the times hereinafter mentioned has been a licensed architect, duly licensed to practice his profession in the State of Colorado.

“Second: That the plaintiff was…