West

This is an appeal from a judgment in favor of respondents after their demurrer to the first amended complaint was sustained without leave to amend.

This court, pursuant to the Rules on Appeal, has ordered the original superior court file to this court for consideration to the end that we have before us the entire record in the case.

In the first amended complaint filed on August 26, 1960, the plaintiffs, who are attorneys at law, alleged among other things, the following: That the Anchor Casualty Company (hereinafter referred to as company or insurance company) is a corporation doing business in California; that R. B. Weiss, John Dowling and others (hereinafter referred to as corn pany’s agents), were agents of the insurance company acting within the course of their employment; that on January 16, 1960, plaintiffs and defendants Freddie Leroy Johnson and Erma Geraldine Johnson made an oral contract whereby the attorneys were to prosecute for the Johnsons an action against Doris Jean Pearson for the recovery of damages caused to the Johnsons by Pearson as a result of an automobile accident which occurred on December 25, 1959. The attorneys were to be paid 33% per cent of all sums…