Dubois
Dubois v. Padgham
Opinion
Lead Opinion
Shaw, J.
The court sustained defendant’s demurrer to the second amended complaint, interposed upon the grounds of failure to state a cause of action, misjoinder of parties and uncertainty therein; and, plaintiffs declining to further amend their complaint, judgment was rendered against them, from which they appeal upon the judgment-roll.
The complaint shows that DuBois and defendant were co-partners in the business of publishing a directory in the city of Santa Ana, in Orange county, their office and location of business being in the Rossmore Hotel building in said city; that the business so conducted consisted of the “preparation of matter for the issuance, publication, distribution and sale of a certain book and publication known as the Directory of the city of Santa Ana, and other and similar publications in other places in Orange county, including the sale of said book and books, and the soliciting of persons and corporations for professional cards, business advertisements, and any and all forms of advertising matter, and the receiving of remuneration for the space occupied in said publications thereby; and that the principal value of said business was, and its principal asset…