Null v. Potts

Citations

• 98 Kan. 1
• 157 P. 415
• 1916 Kan. LEXIS 2

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Pleadings — Order to Make Petition Definite and Certain — Order Not Complied with — Action Dismissed. The action was one against a so-called agent and trustee for money coming into his hands for which he had not accounted after demand therefor. The petition disclosed, that the money came into the defendant’s hands more than three years-before the action was commenced. In response to a motion the court ordered the plaintiff to make the petition definite and certain by stating' approximately the date of the demand, noncompliance with which gave rise to the cause of action. The plaintiff was unable to comply with, the order. Held, the action was. properly dismissed.</p>