
    No. 541
    LOGAN CO. COAL CORP. v. MATTHEW ADDY CO.
    Cincinnati Superior Court
    No. 58976.
    Decided May 17, 1924
    923. PLEADING — Pleaded conclusions of. mixed law and fact submitted for purpose of demurred only — Demurrer overruled without prejudice.
    Attorneys — Paxton, Warrington & Season-good, and Robert P. Goldman, opposing demurrer; NJelson P. Qramer and Julius R. Samuels, for the demurrer; all of Cincinnati.
   MARX, J.

Epitomized Opinion

In memorandum of opinion it was held that conclusions of mixed law and fact pleaded must be considered as admitted for the purpose of demurrer only. As tne fundamental purpose of litigation is to arrive at a determination of the merits of the controversy the demurrer will be overruled without prejudice to a consideration of the questions of law upon the actual facts and leave granted to defendant to answer.  