Bernhardy

To the plaintiff’s second amended complaint the demurrer of the defendants was sustained. The plaintiff failed to amend and a judgment was entered against her, from which she has appealed and has brought up a transcript containing the judgment-roll.

She contends that the demurrer should not have been sustained. The defendants replied that the demurrer was properly sustained on at least two grounds. In the demurrer it was alleged that the second amended complaint failed to state a cause of action; and by appropriate averments the demurrer alleged that the second amended complaint was uncertain, ambiguous and unintelligible because it could not be ascertained therefrom how or in what manner the defendants retained sole control and management of the apartment and of furnishings therein if the apartment were rented to the plaintiff, nor could it be ascertained therefrom how or in what manner the alleged defect or unsafe condition was concealed from the plaintiff. In the first paragraph the corporate capacity of the defendants was alleged. In the third paragraph it was alleged as follows:

It is not alleged that in the ordinary care and management of apartment houses rugs are equipped…