Trask

This appeal is taken by the defendants from an adverse judgment and is presented upon the judgment-roll alone.

The points urged as ground for reversal rest upon the ruling of the trial judge in refusing to sustain a demurrer interposed by the defendants to the second amended complaint of the plaintiff. The grounds of that demurrer to be here considered are: (1) That said complaint did not state facts sufficient to constitute a cause of action as against defendants or either of them; (2) that there was a misjoinder in that appellant Johnson was improperly included as a defendant in the action.

The plaintiff alleged in his complaint that in September, 1919, a written agreement was entered into between plain tiff and the two Garzas, whereby plaintiff agreed to buy, and said defendants agreed to sell, a certain pool-hall and business with the furnishings and fixtures for the sum of $700. Other terms and conditions were alleged in the complaint to be as follows: “Plaintiff to execute his promissory note for the sum of $350 payable to said defendants Garza, sixty days after date and deliver the same together with $350 in cash to the defendant E. L. Johnson; and defendants Garza to…