Cypert v. Holmes

81 Ariz. 64 (1956)

299 P.2d 650

Ora A. CYPERT, Appellant,

v.

Frances F. HOLMES, Executrix of the Estate of Fred W. Holmes, deceased, Appellee.

No. 6139.

Supreme Court of Arizona.

July 16, 1956.

Milton L. Ollerton, Phoenix, for appellant.

Mark Wilmar, Phoenix, for appellee.

LA PRADE, Chief Justice.

This is an appeal from a judgment in the trial court dismissing the plaintiff's complaint on the ground that it did not state a claim upon which relief could be granted. Plaintiff was given the right to amend, but believing that his complaint did state a cause of action decided to stand on the complaint and…