Scott v. Cline Electric Manufacturing Co.

CRAIG (ELLIOT), J., pro tem.

This is an appeal by plaintiff from a judgment in favor of defendant rendered after the sustaining of an objection to the introduction of any evidence, at the commencement of the trial, on the ground that the second amended complaint did not state facts sufficient to constitute a cause of action and after the sustaining of an objection to an offer of proof on the ground “that the offer does not prove or tend to prove the case in the pleadings set forth.”

For the purposes of said rulings the trial court had to consider as true all of the allegations of said second…