Utt

The complaint herein sought to charge a breach of trust upon the part of the defendant Utt, resulting in injury to the plaintiff and in advantage to defendant Utt, as a stockholder in the Utt Investment Company, defendant. The breach of trust charged was the asserted fraudulent efforts of defendant Utt, resulting in success, whereby the plaintiff was induced to enter into a contract with the Utt Investment Company, by which the defendant investment company conveyed to the county a certain strip of land as and for a main highway, which land it is asserted was worth but $260. In return for this the plaintiff agreed to fence and did fence the line of this highway at an expense of one thousand dollars. A decree was sought, declaring the contract to be void ab initio and awarding the plaintiff a large sum as damages. A motion to strike out certain paragraphs of the complaint was made and granted. Thereafter a general demurrer to the complaint was sustained, and plaintiff, refusing to amend, has appealed from the judgment which followed.

It first complains of the court’s ruling in striking out portions of the complaint. This consideration may be addressed to the complaint as it…