Garstang

This action was begun against Skinner, The Los Angeles Stove Company, Scholfield, Roser, and Rawlings to recover the sum of fifteen thousand dollars, with interest. Rawlings was not served with process and did not appear. The court made findings and gave" judgment in favor of the plaintiff against Skinner, alone, for $18,740 and costs, and in favor of all the other defendants, except Rawlings, against plaintiff for their costs. Skinner has appealed from said judgment against him and also from an order denying his motion for a new trial.

The appellant urges that the complaint is insufficient as a statement of a cause of action. The narrative of facts is incomplete and many of them are defectively pleaded. It was evidently intended to state a cause of action to enforce a rescission and recover the consideration given. No demurrer was filed and its averments must therefore be construed with great liberality, so far as may be necessary in support of the judgment. For this reason, we prefer not to consider the sufficiency of the complaint, except in connection with the questions whether the findings support the judgment and whether they are supported by the evidence. Primarily…