Thompson

This is an appeal from a judgment entered against plaintiff upon refusal of plaintiff to amend his complaint after an order sustaining defendant’s general demurrer to plaintiff’s complaint. ^

The action was brought to recover a penalty, in the sum of $1,055, under the provisions of section 629 of the Civil Code, which at the time of the demand set forth in the complaint read as follows: “Upon the application in writing of the owner or occupant of any building or premises distant not more than one hundred feet from any main, or direct or primary wire, of the corporation, and payment by the applicant of all money due from him, the corporation must supply gas or electricity as required for such building or premises. ... If, for the space of ten days after such application, the corporation refuses or neglects to supply the gas or electricity required, it must pay to the applicant the sum of fifty dollars as liquidated damages, and five dollars per day as liquidated damages for every day such refusal or neglect continues thereafter.”

The complaint, among other things, sets forth the making of a demand in writing by plaintiff upon defendant to be supplied with electricity for domestic…