Nash v. Baun

The questions presented to us arise upon a demurrer to the complaint. The demurrer is based upon the contention that the complaint fails to state facts sufficient to constitute a cause of action. It alleges that defendant Baun was the owner of a Ford tonring car kept by him for the purpose of letting it for hire, and that May 2, 1925, Bay Stalmaker and Harold Dickenson, whom we shall hereafter refer to as the “renters,” applied to Baun for the use of the car. The complaint alleges that Baun agreed to hire the car to the renters and sent one Johnson with the automobile as a driver. Continuing,…