Pettit

This case is here on appeal from the judgment, on the verdict of a jury, in plaintiff’s favor, and from the order denying defendant’s motion for a new trial. A general and special demurrer to the complaint was interposed and overruled, which gives rise to the principal questions now before us and calls for a sufficiently full statement of the pleading thus attacked.

The complaint sets forth that on December 31, 1895, defendant, “as party of the first part, and plaintiff and one John D. Sprower, as parties of the second part,” entered into an agreement, which is attached to the complaint as Exhibit “A”; that on June 24, 1896, the same parties entered into another contract, which is attached to the complaint as Exhibit “B”; and on June 26, 1896, they entered into a still further contract, which is attached to the complaint as Exhibit “C”j that “thereafter and heretofore, in pursuance of said agreement, Exhibit ‘B,’ a corporation was formed under the laws of the state of California, known as the Forsyth Seeded Raisin Company, with a capital stock of $100,000, divided into 1,000 shares of the par value of $100 each”; that pursuant to said agreement “B,” on or about April 12, 1899,…