Fitzpatrick v. Federer

COIL, Commissioner.

Respondents’ separate motions to dismiss plaintiffs’ petition were sustained on the ground that it failed to state a claim on which relief could be granted. Plaintiffs appealed from the ensuing judgment. Thus, the sole question here is whether the petition states facts which may invoke the application of principles of substantive law which would entitle plaintiffs to the relief sought. Gerber v. Schutte Investment Co., 354 Mo. 1246, 194 S.W.2d 25, 28 [4-7], The motions to dismiss admit the truth of facts well pleaded in the petition and the reasonable inferences deducible…