Reilly v. Richardson

McCOMB, J., pro tem.

This is an appeal by plaintiff from a judgment in favor of defendant after the trial court sustained a demurrer to plaintiff’s second amended complaint without leave to amend.

The amended complaint alleged that in 1924 defendant fraudulently represented to plaintiff that he was the owner of certain basic patents and thereby induced plaintiff to assign his interest in an invention to him; it also stated the alleged fraud was discovered by plaintiff in 1934.

The two questions necessary for us to determine are:

First: Was plaintiff’s alleged cause of action barred by the statute…