Hoit v. Berger-Crittenden Co.

START, G. j.

Tbe defendant demurred to tbe complaint in this action, and appealed from an order overruling the demurrer.

Tbe second subdivision of tbe complaint, standing alone, states a cause of action. But tbe defendant claims that tbe allegations of tbe third subdivision of tbe complaint show that tbe cause of action alleged in tbe second subdivision has been conclusively adjudicated adversely to tbe plaintiff by arbitration. The allegations of tbe two subdivisions of tbe complaint must be read and construed together, and if, when so read, it appears that tbe alleged cause of action has been…