WORRILL, J.
The sole question presented by this record is whether the plaintiff's petition sets forth a cause of action as against the general demurrer. In consideration of this question we are inevitably confronted with the necessity of determining the nature of the case made by the pleadings, for, where it becomes material to do so, it is the duty of the court to construe the petition in a way to sustain and not to defeat the action, and it is well settled that...
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