Gutknecht v. Wagner Bros. Moving & Storage Co.

WOLFE, Commissioner.

This is a suit against a warehouse company to recover the value of an electric range which had been destroyed by fire after plaintiffs had stored it with the defendant corporation. The defendant moved to dismiss the plaintiffs’ petition on the ground that it failed to state a claim upon which relief could be granted. The court sustained the defendant’s motion, dismissing the petition with prejudice, and the plaintiffs prosecute this appeal.

The petition is in three counts. The first count, after averments relating to the corporate existence of the defendant and the delivery…