Pilcher v. Levino

This is an appeal from an interlocutory judgment sustaining a demurrer to the complaint. While the complaint is inartificially drawn, and justly subject to the criticism of the learned judge below as presenting a confused statement of facts, we think it sets out a single good cause of action for deceit and fraud. Stripped of unnecessary allegations and verbiage, it states that the three defendants, for the purpose of enabling the defendants Levino and Bailey to obtain an excessive price for certain real property, and designing to cheat and defraud the plaintiff’s assignors, and such other…