Brown

This is an appeal from a judgment of dismissal of the action entered after order made sustaining a demurrer to plaintiff’s third amended complaint without leave to amend.

The facts are quite fully stated in the complaint.

The defendant at the times therein mentioned was a corporation duly organized and, as alleged, “engaged in the busi ness of examining the record titles to real property in Los Angeles County, issuing its written guarantee as to the true condition of such titles, as shown by the records in the recorder’s office of said county, and holding money and papers in accordance with instructions given it by the respective parties creating such escrows.”

The action was brought against defendant Title Insurance & Trust Company to recover the sum of $4,750 as damages sustained by reason of a fraud imposed upon plaintiff by a third party in a real estate transaction by the alleged default of defendant.

The facts relied upon to maintain this action are identical with those related in Brown v. Rives, 42 Cal. App. 482 , [ 184 Pac. 32 ], There the action was brought by this plaintiff against the notary public, B. B. Rives, and his surety for damages in the sum of $4,750,…