Vaughan v. Wilkof

This appeal questions the propriety of the trial court in sustaining-the demurrer of the defendant, appellee herein, to the plaintiff’s amended petition. Plaintiff not desiring to plead further, judgment was entered dismissing the partnership from the action. The Industrial Silica Corporation was also named as a defendant. It has answered plaintiff’s complaint and now remains as sole defendant. The petition has considerable length. We shall state its substance as briefly as possible.

Silica corporation owned or had operated a plant in the city of Massillon. It had long stood idle. In December…