Seeley v. Morris

This is an appeal from a judgment of dismissal, folio-wing the sustaining of a demurrer to the fifth amended complaint and plaintiff’s election to stand thereon.

The sole question, therefore, presented to us is as to the sufficiency of the complaint.

In his fifth amended complaint, the plaintiff, in paragraph I, pleaded that, in 1922, he discovered a valuable bed of razor clams at Graham Island, British Columbia, and that thereafter he caused application to be made to the Land Department of the Province of British Columbia for a lease of such clam beds; but it is not pleaded in this paragraph,…