Brown

On rehearing of the appeal herein this court adheres to that part of the opinion heretofore delivered by it which is hereinafter quoted; and in addition thereto, it expresses its opinion with reference to other points not originally passed upon by this court, to wit:

For a review of the authorities generally, and wherein a conclusion similar to that herein is reached, see Clark v. Pacific Gas & E. Co., 118 Cal. App. 344 [ 5 Pac. (2d) 58 ].

The demurrer which was presented to the trial court also contained certain specifications which respectively related to the alleged uncertainty, ambiguity and unintelligibility of the complaint.

Outside the record (but a fact which is undisputed by counsel for the respondent), it appears that none of such points on demurrer was argued in the lower court, or relied upon by said court as a basis for its order by which the demurrer was sustained. To the contrary, it is here asserted by appellant, and not denied by the respondent, that the argument in the lower court was confined exclusively to the one point of whether the complaint stated a cause of action, and that the ruling of said court was based entirely upon its conclusion with reference…