Witte v. Old Nat. Bank of Spokane

(dissenting) — I dissent. I agree that the demurrer admits the truth of all well-pleaded facts, as well, also, as every legitimate inference deduced from such facts. Puget Mill Co. v. Duecy, 1 Wn. (2d) 421, 96 P. (2d) 571. While a demurrer admits the truth of all facts well pleaded, it does not admit conclusions of law, nor all conclusions which may be drawn from such facts by the pleader.

Within the four corners of the complaint, we find that appellant, in a subsequent action, seeks to recover expenses incident to another action he successfully prosecuted for the recovery of a legal right. We…