Durkheimer Investment Co. v. Zell

The plaintiff and appellant, Durkheimer Investment Company, an Oregon corporation, on November 22, 1938, filed its third amended complaint against the defendants and respondents, Harry A. Zell, Julius S. Zell and Zell Brothers & Co., in which complaint six causes of action are alleged. Thereafter the court granted the motion of the individual defendants to strike from that pleading the first, second, third and fourth alleged causes of action, “for the reason that each of said causes of action” was a literal repetition “of the same cause of action alleged in plaintiff’s second amended…