Blakeslee

The plaintiff brought this action for a decía-' ration of his rights under certain contracts of employment entered into with the defendants. A general and special demurrer to the complaint was interposed and was sustained without leave to amend. Judgment was thereupon entered dismissing the action and for defendants’ costs. Hence this appeal, which squarely presents for our consideration the constitutionality of sections 1060, 1061, and 1062 of the Code of Civil Procedure, providing for declaratory relief in this state. (Stats. 1921, c. 463, p. 689.) Incidental to the main question—whether or not such an action may be maintained in this jurisdiction-—is an examination into the sufficiency of the complaint to determine if it states facts amounting to “a case of actual controversy relating to the legal rights and duties of the respective parties,” for only in such an event may the action be maintained. It is provided in section 1060, supra, that “any person interested under a deed, will or other written instrument, or under a contract, or who desires a declaration of his rights or duties with respect to another, or in respect to, in, over or upon property, or with respect to the…