Burrell

This is an appeal by the plaintiff from a judgment entered in favor of the defendants Church and Neuman after an order made by the trial court sustaining a demurrer to the second amended complaint.

The said complaint is entitled Cuff Burrell, Plaintiff, v. Capt. H. A. Crow Post No. 884, Veterans of Foreign Wars Convention Committee; Percy C. Church and B. A. Neuman, Defendants. It is alleged therein that said Convention Committee at all times mentioned in the complaint was an unincorporated association of persons associated together under the fictitious name above set forth for the purpose of making arrangements for a state convention of the Veterans of Foreign Wars, to be held in Fresno during the month of June, 1926, and for the purpose of providing suitable entertainment and recreation for said convention. That the defendants Church and Neuman were members of said Convention Committee. That on June 6, 1926, as a part of said entertainment, the defendants conducted a rodeo. That for the purpose of holding said rodeo the defendants Church and Neuman entered into a contract with the plaintiff, a copy being annexed to the said complaint. By the terms thereof the plaintiff…