51 Colo. 587
Decided September 15, 1911
Supreme Court of Colorado · decided 1911-09-15
JOHN ,1. Mullins, Judge. Plaintiff in error brought suit to recoved diam-ages from defendant in error for the alleged failure of the latter to carry out the terms of a contract or option for the sale of certain shares of stock to plaintiff. To the complaint the defendant filed a general demurrer, which was overruled.
Cited by 4 later decisions — most recently April 1915
4 state decisions
Relies on Mills v. Hart · Rice v. Bush · Harris v. Harris
Good law ✅— No negative treatment on recordhow we know
Decided 1911-09-15
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¶1delivered the opinion of the court:
¶2■A motion for judgment on the pleadings cannot be converted into a general demurrer to the complaint. —Shuler v. Allam, 45 Colo. 372; Harris v. Harris, 9 Colo. App. 211; Mills v. Hart, 24 Colo. 505; Hoover v Horn, 45 Colo. 288; Rice v. Bush, 16 Colo. 484.
¶3The judgment of the district court is reversed and the cause remanded. Reversed and Remanded.