Douglas v. Benton

This is a motion to dismiss a complaint under subdivision 4 of rule 106 of the Rules of Civil Practice, that it does not state facts sufficient to constitute a cause of action, also under subdivision 6 of rule 107, that the claim or demand set forth in the complaint has been released, and that the plaintiff is barred by laches. In determining this motion insofar as it applies to rule 106, the court will not consider the affidavits of either party or any facts outside of the pleadings.

This is an action commenced by a layman against a lawyer. The first cause of action is based on an agreement…