Ellis v. Flaherty

Citations

• 65 Kan. 621
• 70 P. 586
• 1902 Kan. LEXIS 101

Syllabus

<p>SYLLABUS BY THE- COURT.</p> <p>Practice, District Court— Tort Pleaded and Contract Proved. Where the pleading of the plaintiff states a cause of action in tort and entirely fails to state any facts sounding in contract, and the evidence of the plaintiff wholly fails to prove the alleged tort, but does tend to prove a right of action on contract, the court should sustain a demurrer to the evidence.</p>