Ritterbusch v. Ritterbusch

The sole question here is: Does the complaint state a cause of action against the defendants? At the demurrer stage, the facts alleged in the complaint are to be assumed to be true. The fact that the plaintiff may have difficulty in proving such facts cannot be considered. Only the legal premises are contested. “. . . A complaint, when attacked by demurrer, should be liberally construed, and sustained if it expressly, or by reasonable inference, states any cause of action. ...”

Here the defendants, by demurring, raised and rely upon the statute of frauds (sec. 240.08, Stats.) as a defense.…