Deeble

A demurrer in which special and general grounds were assigned was sustained to the third amended complaint of the plaintiff without leave to amend, and judgment of dismissal followed, from which this appeal was taken. It is recited in that judgment that plaintiff’s attorneys stated to the court that they did not desire to further amend, and no question is made as to that part of the order which denied leave to amend the pleading. The question argued is as to whether the complaint contained a statement of facts suffi cient to constitute a cause of action against defendant. It was first therein alleged that on the first day of July, 1913, one J. W. Young was the owner of certain written contracts for the sale of real property, upon which contracts amounts' became due and payable each month from the purchasers; that the total amount of money due under such contracts was in excess of eighty thousand dollars. The complaint then alleged :

It was then alleged on information and belief that the defendant had received during the months of July and August, 1913, moneys due on said contracts amounting to the sum of $1,960, and that during said months “defendant corporation paid to plaintiff…