Cohen v. Blessing

Lewis, Justice:

Plaintiff appeals from an order sustaining a demurrer to his complaint for failure to state a cause of action.

This action was brought by plaintiff to recover damages allegedly sustained from the sale to him by defendant of a dwelling house which was “infested with insect pests.” The complaint attempts to set forth two causes of action. Both are based upon identical facts.

The basic factual allegations are that plaintiff purchased defendant’s residence; that defendant knew the residence was infested with insects, but plaintiff did not; and that defendant deliberately failed to…