Hindes

This is an appeal from a judgment against the plaintiff after an order sustaining the defendant’s demurrer to the plaintiff’s second amended complaint, the plaintiff having declined to further amend its pleading.

The action is one for the recovery of damages for the alleged fraud and deceit of the defendant occurring in the course of an exchange of real properties between the parties to the action. The property which the plaintiff received in such exchange consisted of a piece of real estate in the city of San Francisco upon which a building had been erected prior to said exchange. The complaint undertakes to set forth circumstantially and in detail the particulars wherein the alleged fraudulent misrepresentations and concealments of the defendant consisted, and it is at certain of these averments that the special demurrer of the defendant is aimed.

The complaint alleged that the building which the plaintiff received from the defendant “was erected upon a grade below the official grade theretofore established by the Board of Public Works for said Sixth Street for the erection of said building thereon”; and further alleges as one of the specifications of fraud “that defendant…