Lips v. Egan

The opinion of the court was delivered by

Robb, J.:

This appeal was taken from an order of the trial court sustaining a demurrer to appellant’s second cause of action as stated in his petition.

The petition, which was filed on October 5,1942, contained three causes of action but since the first and third were admitted and judgment confessed thereupon by the appellee in his answer, we need not consider them on this appeal.

In order to understand clearly the theories propounded by the parties, it is necessary to set out the preliminary residential status of the parties at the time of the…