Perkins v. Davis

This is an action to recover for services alleged to have been rendered by plaintiff as trustee and agent of defendant. There was a demurrer to the first three subdivisions of the complaint, which was sustained. Thereupon the plaintiff filed an amended complaint, to which there was an answer and replication thereto, and then a trial ensued upon the pleadings thus formed.

One of the principal errors complained of by the plaintiff is the action of the court in sustaining the demurrer to the original complaint. The record conclusively shows that the plaintiff elected to amend his complaint,…