Bacon

This is an appeal from a judgment entered upon an order sustaining defendants’ demurrer to plaintiff’s fourth amended complaint without leave to further amend.

The cause of action stated in plaintiff’s complaint sounds in damages for fraud -and deceit alleged to have been practiced upon plaintiff by the defendants in the negotiation and consummation of an agreement whereby certain real property of the Bacon Land and Loan Company, Inc., was transferred to the plaintiff in lieu of his stock and interest in the corporation.

The salient features of the transaction out of which the controversy arose and upon which the plaintiff’s cause of action purports to be founded are stated in the complaint to be these:

The plaintiff, Frank P. Bacon, is a brother of the defendants, Ella Etta B. Soule and Carrie J. Bacon. They, the plaintiff and defendants, were the owners in equal shares of the entire-corporate capital stock of the Bacon Land and Loan Company, and at one time all three were directors and officers of the corporation. In the year 1895 the plaintiff resigned as the president and as a director of the corporation. The defendants, however, continued to be officers and directors of…