Cockrell v. Henderson

Citations

• 81 Kan. 335
• 105 P. 443
• 1909 Kan. LEXIS 367

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Pleadings — Action ex Contractu or ex Delicto — Election of Remedies. Under our code (§ 10) all distinctive forms of civil actions are abolished, and in a civil action which may be. founded upon either contract or tort the plaintiff is not required to state upon which he relies as the basis of the action; and, generally, if he should make such a statement and be mistaken the statement would be immaterial. All that a plaintiff is now required to do is to state the facts constituting his cause of action, in ordinary and concise language, and without repetition. (Akin v. Davis, 11 Kan. 580; Code 1909, § 92.)</p>