Bauer

This is an appeal by the defendant from a judgment in favor of the plaintiff, and is taken upon the judgment-roll alone.

The appellant contends that the court erred in overruling his demurrer to the plaintiff’s original complaint. The record discloses that at or after the trial the original complaint was superseded by an amended complaint, filed b3>- permission of the court in order to conform the plaintiff’s pleading to the proofs in the case. This being so the error, if any, of the court in not sustaining the defendant’s demurrer to the original complaint became immaterial, and will not be reviewed upon this appeal, unless it should also appear that the court erred in permitting such amendment for the reason that a new cause of action was sought to be substituted for that set forth in the original complaint and against which the statute of limitations had run. An inspection of the record satisfies us that no new cause of action was embraced within the amended complaint. The original complaint counted upon a claim for the sum of $684,85, alleged to be due as the agreed price of a certain moving picture film service, alleged to have been furnished by plaintiff to the defendant at…