McGuire v. Bode

KENNEDY, Judge.

Plaintiff’s petition, seeking money damages for fraud, was dismissed by the court upon defendant’s motion for failure to state a claim upon which relief could be granted. From that judgment the plaintiff has appealed.

The petition obviously undertakes to state a cause of action for damages for fraud. Neither the motion to dismiss, the court’s order sustaining the same, nor respondent’s brief points out in what respect or what respects the petition is deficient. We search it, however, to determine whether it does state a cause of action.

Elements of cause of action for damages for…