Moser

Plaintiff and appellant F. C. Moser, formerly an insurance agent for defendant and appellee New York Life Insurance Company, here appeals from the order and judgment of the district court granting a motion to dismiss appellant’s action for fraud in inducing him to exchange one contract with appellee for another based upon a different system of compensation.

The motion to dismiss was based upon the contentions (1) that appellant failed to state a claim upon which relief could be granted, in that his factual allegations were insufficient to support such a claim of fraud; and (2) that it appeared affirmatively from the allegations of the complaint that the cause of action alleged, if any, was barred by the applicable statute of limitations and by laches upon the part of appellant. The trial court in granting the motion gave no oral or written opinion.

We believe that the judgment of the district court must be affirmed on the first of the grounds urged by appellee on the motion to dismiss and on this appeal.

Appellant, according to the allegations of the complaint, was a special agent of the appellee in the State of Washington for the purpose of canvassing for life insurance and…