Brennaman v. Andes & Roberts Bros. Construction Co.

DONALD B. CLARK, Special Judge.

This appeal presents for review the judgment of the Circuit Court of Jackson County dismissing plaintiffs’ fourth amended petition for failure to state a cause of action. Suit was originally commenced January 20, 1971 and during the interval thereafter, to November 23, 1971, three successive amended petitions were filed, each of which was challenged by the defendants on the same general grounds. The judgment of dismissal will be viewed in accordance with procedures applicable to summary judgment. The propriety of the dismissal depends on whether the petition…