Continental Bank & Trust Co. v. Akwa

The dispositive issue in this case is whether the allegations of plaintiff’s second amended complaint state a cause of action. To state a cause of action it must appear that there is a right in the plaintiff and a violation of this right by the defendant. 4

When challenged by demurrer, pleadings are to be liberally construed with a view to substantial justice to the parties and are entitled to all reasonable inferences in favor of the pleadings which can be drawn from the facts pleaded. Padilla v. Bydalek (1973), 56 Wis. 2d 772, 203 N. W. 2d 15; Jennaro v. Jennaro (1971), 52 Wis. 2d 405, 190…