Aitken

This appeal is from a judgment entered upon an order sustaining a demurrer to an amended complaint without leave to further amend. The cause arose out of a sale under a trust deed. So far as necessary to a decision of this appeal, the facts alleged in the amended complaint are as follows: Prom November 12, 1925, until April 30, 1926, the parcel of land described therein was owned by the Pacific Rock Company, a corporation, hereinafter referred to as the rock company, and on the day last named it sold the same to the plaintiff; that on or about November 12, 1925, one James P. Welsh and one J. B. Stevans, without authority, signed the name of the rock company to an instrument in form of a deed of trust, purporting to convey to a trustee, in trust for the defendant, the aforesaid real property to secure the payment of a certain promissory note in the sum of $32,640; that said note was executed by the same persons in the name of the rock company, but also without authority; that said purported deed and note were both signed by Pewel-Webb Company, another corporation, and that more than $20,000 advanced by the defendant on said note and deed of trust was loaned to the latter company,…