Guardian Life Ins. Co. of America v. Veser

The first contention of the company is that the allegations of the amended petition state a cause of action in. neither tort nor contract. To this the plaintiff replies that his action is for breach of contract, although certain charges of negligence are made. In response to this it is urged by the company that the allegations relating to a contract are mere conclusions and therefore insufficient. An examination of the amended petition does disclose the phrase, “plaintiff entered into an agreement”, but in addition to this it is averred in detail that the contract required the doing of…