Luther v. Hauser

MORRIS, Judge.

Defendant’s first assignment of error relates to the denial of his motions to dismiss pursuant to Rule 41 (b) at the conclusion'of the’plaintiff’s evidence and at the conclusion of all of the evidence. He maintains that plaintiff’s cause of action should be;dismissed for the following reasons: . ,

1.' The complaint is totally insufficient to state a cause upon which relief could be granted.

2. The plaintiff’s claim is barred by the statute of limitations.

We find no merit in defendant’s first contention.

“Under the ‘notice theory of pleading’ a statement of claim is- adequate if it…