Moya

Plaintiff has appealed from a judgment embodied in an order of dismissal for failure to amend. (Code Civ. Proc., § 58Id.) The order was made and entered upon plaintiff’s motion after plaintiff failed to amend following the sustaining of defendant’s demurrer to plaintiff’s complaint with leave to do so (§ 581, subd. 3).

Plaintiff’s complaint contains two common counts, reading in part as follows: the first, “Within four years last past at San Francisco, California, defendants and each of them became indebted to plaintiff in the sum of $9,000.00 for money lent by plaintiff to defendants, and each of them, at the request of each of them”; and the second, “Within four years last past at San Francisco, California, defendants, and each of them, became indebted to plaintiff in the sum of $9,000.00 for money paid, laid out, and expended for defendant at his instance and request.”

Defendant demurred on the ground that the complaint fails to state a cause of action (§ 430, subd. 6), and on the ground that the complaint is uncertain in that it cannot be ascertained therefrom whether the contract which gave rise to the indebtedness was written or oral (§ 430, subd. 8). In its…