Supreme Court of Minnesota November 18, 1960, 38,085, 38,086 (Stevens v. Lycan & Co.)

Knutson, Justice.

This is an appeal from an order denying a motion of defendants William Olson and James Deneen for dismissal of the action as to them on the ground that the complaint fails to state facts upon which

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relief may be granted against them. The trial court treated the motion as one for summary judgment and certified the question presented as important and doubtful.