Fortner v. Cornell

ON REHEARING

GIVENS, J.

Respondents sought a rehearing on the ground that the following statements in the original opinion,

“The sole point now at issue is therefore whether the complaint states a cause of action, the other special grounds of demurrer not having been ruled on are not before us for consideration. (Rosa v. Devingenzo, 58 Ida. 213 at 216-17, 24 P. (2d) 1051.)”

“The allegations of fraud — aside from the application of the statute of limitations, which is not now before us and we do not consider — were sufficient as against a general demurrer. (Just v. Idaho Canal Etc. Co., Ltd.,…