Supreme Court of Colorado September 15, 1902, No. 4245 (Schlageter v. Gude)

Mr. Justice Gabbert

delivered the opinion of the court.

The main questions presented by counsel for defendant can be determined by a discussion of the following propositions: (1) Does the complaint state a cause of action? (2) Did the court err in overruling the motion to strike the replication? (3) Should the objection to the introduction of plaintiff’s testimony have been sustained?