Malta v. Phoenix Title & Trust Co.

UDALL, Justice.

Plaintiffs Vincent Malta and wife appeal from a judgment that they take nothing by their complaint against the defendantappellee, Phoenix Title and Trust Company, a corporation. We shall hereafter refer to the parties as plaintiffs and defendant or the Title Company.

Plaintiffs’ sole assignment is that the trial court erred in granting defendant’s motion to dismiss their complaint for failure “to state a claim upon which relief could be granted”, their position being that within the four corners thereof a good claim is stated when the facts alleged are admitted to be true as it…