Dunton

Plaintiff, as assignee of W. W. Montague & Co., sues to recover damages for the breach of an alleged contract whereby defendant agreed to settle and pay to W. W. Montague & Co. certain damages to their goods, wares, and merchandise, caused by an excavation made by defendant adjoining and under their warehouse at Los Angeles, and also for certain tin sold and delivered to defendant.

The complaint is demurred to, — 1. Generally, for in *496 sufficient facts; 2. Uncertainty, in that it cannot be ascertained from it whether the action is brought to recover damages for the negligent excavation of the land adjoining the warehouse, or upon a contract to pay such damage, and a contract to pay for certain tin plate, or whether it is brought to recover the value of certain rivets taken by the defendant and not returned; 3. Several causes of action are improperly united, to wit, a cause of action for damages for negligence and unskillfulness in excavating adjoining the property of W. W. Montague & Co. with an action .upon a contract to pay such damage; and said two causes of action with an action upon a contract to pay for tin plate, and for labor in sorting and boxing rivets, and all of…