Wilson v. Bogert

TAYLOR, Justice.

Plaintiff’s (appellant's) original complaint sought damages for personal injury, resulting from a fall in the home of defendants (respondents), on the ground of negligence. The record does not show a ruling by the trial court on defendants’ demurrer thereto.

Pursuant to leave granted, plaintiff filed an amended complaint containing two counts. Plaintiff on her first count seeks recovery on the theory of contract based upon an alleged agreement between plain tiff and defendants, by the terms of which the tort claim was compromised and settled; by the second count plaintiff seeks…