Schimpf

This action was brought to recover damages, alleged to have been sustained by plaintiff, because of the breach by the defendant of a contract to convey real property. The court below sustained a general demurrer to plaintiff’s second amended complaint without leave to amend. Judgment was accordingly entered in favor of defendant. Plaintiff appeals from this judgment.

The pleaded facts in the case, substantially stated, are these: The defendant was the owner of certain real property upon which were situated certain designated buildings, consisting of slaughter-houses, sheds, and corrals, which constituted the appurtenances of a slaughter-house business. One Venters was in possession of said buildings; he claimed to own the same and represented to the plaintiff herein that he had the right to sell and dispose of them. Plaintiff desired to purchase these buildings provided he could purchase the land upon which they stood. Defendant, knowing these facts, represented to plaintiff that said Venters had the right to sell the buildings and deliver possession to plaintiff. Defendant then entered into an agreement with plaintiff to sell the said real property upon which the buildings were…