Imperial Refining Co. v. Kanotex Refining Co.

BOOTH, Circuit Judge.

This is a writ of error to a judgment dismissing a cause, after an order had been entered sustaining a demurrer to tie complaint, and after plaintiff had declined to plead further. The questions raised by the demurrer were: (1) Whether the complaint stated facts sufficient to constitute a cause of action; and (2) whether tie complaint showed on its face that the alleged cause of action was barred by the statute of limitations of the state of Kansas. Jurisdiction was based on diversity of citizenship and tie requisite amount involved.

Tie complaint alleged in substance as…