Lockwood

In this action, the demurrer of defendants on the ground of want of facts to state a cause of action was overruled. The defendants filed an answer and cross-complaint. They subsequently dismissed their cross-complaint, and, by permission of the court, filed an amended answer. When the action came on for trial before another judge, defendants moved for judgment on the pleadings, upon the ground that the complaint does not state facts sufficient to constitute a cause of action. This motion was granted, and judgment was thereupon entered that plaintiff take nothing and that defendants recover their costs. This is an appeal by plaintiff from such judgment.

The only question presented on this appeal is whether the complaint states facts sufficient to constitute a cause of action.

Substantially, the case made by the complaint is as follows: Plaintiff is a corporation incorporated on October 11, 1909, under the law of this state, to do a life insurance business therein. Its articles of incorporation provided for a capital stock of one million dollars, divided into one hundred thousand shares of the par value of ten dollars each. On October 16, 1909, it entered into a written agreement…