Wallis v. Superior Court

Opinion

McDANIEL, J.

Petitioner James A. Wallis (hereafter plaintiff) has petitioned for a writ of mandate which would vacate an order sustaining real party’s (defendant’s) demurrer to the second, third and fourth causes of action in his first amended complaint, this without leave to amend as to the second and fourth.

The major issue raised by the petition is whether plaintiff has succeeded in pleading a cause of action for tortious breach of contract. We conclude that he has.

Synopsis of the Trial Court Proceedings

Kroehler Manufacturing Company is a corporation which manufactures furniture.…