Myrtle Apartments, Inc. v. Lumbermen's Mutual Casualty Co.

In testing the sufficiency of a complaint, the court ignores the conclusions and looks to the facts. Here, the plaintiff alleged: “The boiler was in all respects sound and in proper working condition”; and that the defendant, through its engineer, represented that, “The general condition of the boiler is poor. It is, therefore, recommended that this boiler be replaced with a new or better one of standard construction as soon as this heating season is over.”

With respect to the further representations in the letter, the plaintiff alleged: “And as to the remaining representations and contents of…