L.H. Heiselt Inc. v. Brown
120 P.2D 644, 108 COLO. 562, 1941.CO.40003
Colorado Supreme Court
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The complaint contained three causes of action. The first cause of action sought recovery in the amount of $33,051.72 for all the items embraced in the separate counts of the second cause of action and in the third cause of action. By five separate counts incorporated in the second cause of action and by the third cause of action, plaintiff in error covered all of the items which comprised the aggregate recovery sought by the first cause of action. Three separate demurrers to the complaint were filed, one by defendants in error James S. Brown, J. Alvin Schrepferman, C. M. Schrepferman and Charles M. Brown, the second on behalf of defendant in error Conrad C. Schrepferman, and the third by defendant in error United States Fidelity and Guaranty Company. Said demurrers were identical in form and each was based upon the grounds: (1) That several causes of action were improperly united in the complaint; (2) that there was a misjoinder of parties defendant therein, and (3) that neither the complaint, nor any of the separate causes of action or counts thereof, stated facts sufficient to constitute a cause of action against defendants in error. These demurrers were sustained by the district court. Plaintiff elected to stand on its complaint and accordingly judgment of dismissal was entered. Plaintiff in error prosecutes a writ of error to review the judgment.