B. & K. Plumbing & Heating Co. v. Hansen

Two motions were made after the plaintiff concluded his case; the first is to dismiss the complaint; the second is a cross motion for leave to amend the complaint and reopen the case.

The proof consisted of the testimony of plaintiff himself, and substantially follows the allegations of the complaint. For all practical purposes, the matters to be discussed on the motion to dismiss for failure to prove sufficient facts are the same as those involved in considering the sufficiency of the complaint itself.

The complaint alleges in substance that at various times during the years 1958, 1959 and…