Crossin

This is an appeal by the plaintiff from a judgment entered in favor of the defendants after sustain ing a demurrer interposed to plaintiff’s second amended complaint. The second amended complaint, omitting matters not necessary to mention, alleged that in the month of July, 1922, plaintiff, in an interview with officers of the company, offered to purchase from one Clary all of the business, patronage and goodwill of Clary in certain territory wherein said Clary had been delivering water bottled by the defendant; that the defendant, through its officers and agents, advised the plaintiff of a better proposition, to wit, that one C. Floyd Kinne, who was operating in the Hollywood territory of Los Angeles, desired to cease operating and would sell the goodwill and business and delivery truck for the sum of $2,500; that on or about the eighteenth day of August, 1922, the plaintiff agreed with Kinne to purchase from Kinne the customers’ goodwill and patronage of said route and truck of said Kinne for the sum of $2;500. Plaintiff thereupon communicated to defendant the information that he and Kinne had reached an agreement, and on August 19, 1922, at the special instance and request of…