Staubach v. Cities Service Oil Co.

The opinion of the court was delivered by

Perskie, J.

The question for decision is whether the trial judge erred, as claimed, in striking the complaint on the ground that it failed to state a cause of action.

We approach our consideration and determination of the stated question upon the premise that the facts alleged in the complaint and all proper inferences to be drawn therefrom are eoncededly true. Crawford v. Winterbottom, 88 N. J. L. 588; 96 Atl. Rep. 497; Railroad Employes’ Personal Loan Co. v. Dillon, 123 N. J. L. 31; 7 Atl. Rep. (2d) 858.

We learn from the complaint that on September…