Dickie

This is an appeal from a judgment entered in favor of defendant, by default, plaintiff having declined to amend after an order made sustaining defendant’s demurrer to the complaint. We conclude that the demurrer was properly sustained. The complaint states that the plaintiff, being the owner of the premises described therein, in which were large and valuable deposits of lime or cement rock and clay, suitable for use in making Portland cement, entered into a contract in writing with defendant on the fifth day of November, 1900, whereby the defendant was given sole control of the entire output of said lime or cement rock and clay for the term of twenty years upon certain terms and conditions, which are not fully stated, but by which the plaintiff was to derive an income from a share of the profit of the said products of said land; that the contract was recorded with the county recorder of the county in which the land is situated and thus clouds the plaintiff’s title. That defendant obtained the said contract by representing to the plaintiff that he and his associates were possessed of large means and desired to and would erect large factories thereon and employ hundreds of men, and…