Robinson v. Gardiner

This is an appeal by Paul C. Robinson and Charles Haas, plaintiffs below, appellants here, from a judgment for costs rendered against them after demurrer, filed by appellees, was sustained to their first amended declaration. The trial judge refused to allow appellants to file a second amended declaration.

This first amended declaration contained two counts, one in contract and the other in tort and, for the purposes of this case, made the following declarations. The plaintiffs are engaged as a co-partnership in the lumber business. For a long time, prior to October 9th, 1945, defendant, George…