Central Construction Company v. Klingensmith

Thompson, J.—

This case has some peculiarities. It comes to us upon tbe plaintiff’s appeal from tbe court’s ruling and judgment granting the defendants’ motion to dismiss; but neither the petition adjudged defective nor the motion to dismiss it is set out in the record. We must judge of their contents by tbe trial court’s statements in its findings of fact and conclusions of law, which we must take as verities in the absence of any other showing in the record.

Another unusual aspect of the case is found in the fact that, while the matter came before the trial court on the motion to dismiss, the…