Youdall

Action in ejectment to recover the possession of two certain lots in the city of Stockton described as the north half of lot 10 and the north half of lot 12 in a certain block in that city.

The complaint is in the ordinary form, averring ownership in the respondent and ouster by the appellant and that the rents, issues, and profits are $150. The appellant answered, denying certain allegations and furnishing insufficient defenses as to others. The court sustained a demurrer to the answer, with leave to the appellant to amend. He declined to amend and in due course judgment was rendered against him for the recovery of both tracts and $150 as rents, issues, and'profits. No costs were awarded to the respondent.

As the action of the court in sustaining the demurrer to the answer is the only point involved in this appeal, it will be found profitable to quote at length all the material parts of both answer and demurrer. The material parts of the answer are as follows (the numbers of the paragraphs are ours) :

The "answer further shows that said Morrell was acting as an agent of the respondent in the erection of a dwelling on the south half of lot 12. There are a number of, other…