Haber

A general and special demurrer to plaintiff’s complaint was interposed by defendants. It was sustained without leave to amend as to defendant and respondent J. G. Boswell Company, a corporation, and sustained with leave to amend as to defendants E. W. Sanders and Mrs. E. W. Sanders, within fifteen days after the notice of the ruling. From the judgment of dismissal in favor of said J. G. Boswell Company, a corporation, following the order sustaining its demurrer, this appeal has been taken.

The part of the complaint material to this appeal, after alleging that the J. G. Boswell Company is a corporation, proceeds that plaintiff and defendant, E. W. Sanders, entered into a lease for 320 acres of cotton land, and

The record discloses that appellant did not apply to the lower court for permission to amend his complaint. The only question, therefore, for this court to determine is whether or not the demurrer of the respondent was for any reason properly sustained. (Murphy v. Murphy, 57 Cal. App. 182 [ 207 Pac. 43 ]; Bailey Trading Co. v. Levy, 72 Cal. App. 339 [237 Pac. 408]; Thomson v. Mortgage Investment Co., 99 Cal. App. 205 [ 278 Pac. 468 ].) (1) In the first place there is no…