Fornaseri
Fornaseri v. Cosmosart Realty & Building Corp.
Opinion
Lead Opinion
Thompson, J.
This appeal was taken from á judgment which was rendered against the plaintiffs for failure to amend their pleading after a demurrer to the second amended complaint had been sustained.
The complaint is voluminous, comprising more than a hundred printed pages, but an epitome of its contents will suffice for the purpose of determining this appeal. The complaint alleges that the plaintiffs are stockholders and creditors of the Cosmosart Realty and Building Corporation of Los Angeles; that Clark and Sherman Land Company was the owner of eighteen acres of land in the city of Los Angeles which was leased for a term of years to one James E. Bowen; that this lease contained an option authorizing the lessee or his assigns to purchase this property upon terms specifically mentioned; that this land was worth treble the amount of the purchase price named in the option. The complaint also attempts to allege that this lease was assigned to the Cosmosart Realty and Building Corporation; that this defendant corporation was indebted to the extent of $160,-000, but that it was nevertheless able to exercise its option to purchase this land, but failed and neglected to do so; that, upon the…