Duff

The plaintiff states two causes of action in his complaint. Defendant Kitz miller demurred to the complaint, on the grounds that it is uncertain, and ambiguous, because it cannot be ascertained from it whether the action is brought for the sum of $697.69,. or any sum of money, advanced for the use and benefit of defendants, or whether said action is brought to recover for the price of beans sold and delivered by plaintiff to defendants, and for commissions on various articles of farm produce, and for money paid out for defendants’ use.

The demurrer was overruled, and that ruling is one of the errors relied on by appellant.

The first cause of action is stated in the complaint in the following language: “That plaintiff is, and at all times hereinafter mentioned has been, doing business as a broker and buyer, on commission, in the county of Santa Barbara, state of California; that as such broker, between the twenty-sixth day of July, 1889, and the *68 twenty-ninth day of March, 1890, plaintiff advanced in Santa Barbara, in the county and state aforesaid, the sum of $697.69 for defendants, at defendants’ instance and request, in the purchase of certain Lima and other beans, and…