Cheese v. Afram Brothers Co.

The trial court sustained the demurrers of both defendants to Mr. Cheese’s amended complaint, and we must determine whether either or both of such demurrers should have been sustained. This court must also determine the effect of the trial court's order which sustained the demurrers “without leave to plaintiff to re-plead” but also dismissed the action “without prejudice.”

In his amended complaint, the plaintiff claims damages and also asks the court to declare his rights under the collective-bargaining agreement. The request for declaratory relief would appear to be out of place in this…