Pleadino—Demurrer—Statute of Limitations — Specification of Sections of Code.— Where a demurrer to a complaint, on the ground that the cause of action is barred by the statute of limitations, specifies the particular sections upon which the defendant relies to defeat the action, only the sections specified are pleaded, and the question as to whether or not the cause of action is barred by auy other section or sections cannot be considered.

Id.—Action by Bank to Recover Purchase-m:oney of Stock—Relief on Ground of Fraud. —An action by a banking corporation to recover from a defendant a sum of money paid to him by the corporation as the purchase price of certain shares of the capital stock of the corporation and for an accounting lor profits made by him from the use of the money, upon the ground that the sale was the result of a fraudulent conspiracy between the defendant and his co-defendants, is ail action for relief upon the ground of fraud, the limitation for which is prescribed by subdivision 4 of section 338 of the Code of Civil Procedure, and a demurrer to the complaint specifying that the cause of action is barred by other sections does not present the question whether such cause of action is barred by subdivision 4 of section 338 of the Code of Civil Procedure, although a demurrer, upon the general ground that the action is barred by the statute of limitations, without naming any particular section, might be sufficien t.

Id. — Rescission of Contract of Purchase — Offer to Return Stock—Insufficient Complaint.—A complaint by a banking corporation which seeks to recover of a defendant a sum of money paid by it as a purchase price of ceitain shaves of stock, on the ground of fraud in the sale, does nob state a cause of action, or show any right to relief, where it does not state a rescission of the contract of sale or aver any offer to return the stock purchased, within a reasonable time.

Id.—Corporation—Purchase of Shares by Bank—Contract Ultra Yires — Extinguishment or Stock—Tender upon Rescission—New Certificate.— The purchase by a banking corporation of shares of its capital stock, though ultra vij’es, does not extinguish the stock so as to prevent its return by the corporation to the vendor upon a rescission of the contract; but the only effect of the transaction is to reduce the amount of the subscribed capital stock, leaving the corporation free to again issue the same number of shares to any one desiring to subscribe for its capital stock, and the tender of a new certificate therefor to the vendor would in legal effect be a tender of the same shares sold to the corporation.