Physio-Medical College v. Wilkinson

The complaint in this case is in two paragraphs. The facts found by the jury in their special verdict show that the verdict and judgment rest exclusively upon the first paragraph. This is to all intents and purposes conceded in the briefs.

The burden of the appellant’s argument is directed against the complaint, which is questioned here by assigning as error, “ that the complaint does not state sufficient facts to constitute a cause of action.”

We will consider only the first paragraph, as the appellees concede that there are no facts found by the jury ■which would ■sustain a judgment on the…