3. Suppose a valid legal theory did exist that would have entitled Case to some relief, but that Case neglected to invoke it in his pleading. Would the court have been justified in dismissing the complaint on the principle that “it is [not] the duty of the trial court or the appellate court to create a claim which appellant has not spelled out in his pleading”? Would dismissal be appropriate if the complaint “charges facts upon which a court could possibly grant relief”? Wouldn’t dismissal in that circumstance simply punish Case for his lawyer’s sloppy pleading?