Rose v. Epley Motor Sales

LAKE, Justice.

There was no error in the denial by the District Court of the defendants’ motion to dismiss for failure to state in the com plaint a claim upon which relief can be granted. The basis of this motion is that the complaint does not state wherein the alleged implied warranties were broken or otherwise allege any act or omission of the defendants or any condition of the automobile at the time of the sale which caused the fire.

The complaint would clearly have been insufficient to state a cause of action under the provisions of the old Code of Civil Procedure. Under the present Rules…