James v. Southwestern Insurance Company

The rule is well settled that a demurrer to plaintiff’s evidence admits every fact which such evidence tends in the slightest degree to prove, with all evidence favor*413able to defendant, the demurrant, eliminated from consideration, or considered as withdrawn for the purpose of passing upon such demurrer.

That rule has been stated and applied in many cases. I refer specifically to Buellesfeld v. Jones, 187 Okl. 596, 105 P.2d 242; Davis v. Curry, 192 Okl. 32, 133 P.2d 186, and Duck v. Selected Investment Corporation, 196 Okl. 547, 167 P.2d 54.

Application of the rule of those decisions to this…