Boulden

Action to recover damages alleged to have been sustained by reason of the wrongful acts of defendants. The complaint is in three counts, each of which is stated to be a separate cause of action. Defendants demurred thereto, alleging as ground therefor that several causes of action had been improperly united therein. The demurrer was overruled, whereupon defendants answered, and upon trial the court found: “That all the allegations contained in the first cause of action are true, and that, except as to the allegations contained in said cause of action, the other allegations of the complaint are untrue”; and in accordance therewith gave judgment for plaintiff, from which, claiming that their demurrer was improperly overruled, defendants appeal upon the judgment-roll.

The complaint contains much evidentiary matter which, upon any theory of the case, is -mere surplusage. The first count, as we construe it, alleges a cause of action based upon a breach of covenant contained in a. lease of real and personal property made by defendants to plaintiff, it being alleged that during the term thereof defendants wrongfully and forcibly ejected plaintiff from the leased property, to his damage…