Tostevin

This is an appeal from a judgment of dismissal following an order granting a motion to strike plaintiff’s third amended complaint.

Plaintiff filed an action for declaratory relief and accounting on January 21, 1957. Thereafter he filed three verified amended complaints. In substance, they alleged that under an oral agreement entered into in May of 1954, defendants em ployed plaintiff to solicit and procure personnel and material for a series of travelog television shows at a fixed salary of $50 per week and that defendants repudiated the agreement and refused to be bound by it. Demurrers to the original, first and second amended complaints were sustained with leave to amend. Demurrer to the second amended complaint was sustained with directions that “to the extent that allegations vary from those in previous verified complaint, such variation must be explained.” A third amended complaint was filed and the trial court granted defendants’ motion to strike, “no substantial amendment having been made and no explanation having been made of changes from former complaint.” The plaintiff having made no further amendment, the trial court entered its judgment of dismissal from which this…