McFate

This appeal is from a judgment of dismissal entered after an order sustaining defendant’s demurrer to plaintiff’s complaint. The demurrer was sustained by the trial court with leave to the plaintiff to amend, but plaintiff elected to stand on his complaint, whereupon, by stipulation setting forth such election and reserving to plaintiff the right to appeal, the order was entered dismiss ing the action. The sole question presented upon this appeal is whether the original complaint states a cause of action. Defendant’s demurrer was general. The complaint alleges the corporate existence of defendant bank and its predecessor banks, of whose various rights and liabilities defendant bank is alleged to have become the successor. Where, hereafter in this opinion reference is made to defendant bank, it is deemed to include as well the banking institutions which preceded defendant in this transaction, and to whose rights and liabilities it has succeeded. Then follow allegations that one Zuckerman owned a certain apartment house; that plaintiff owned a ranch; that one Gordon acted as Zuckerman’s agent and broker to negotiate a sale or exchange of his apartment house to plaintiff. It should…