Brown

The court below sustained a demurrer to the complaint, upon the ground that it does not state facts sufficient to constitute a cause of action, and *534 plaintiff declining to amend, judgment was rendered for defendant. Plaintiff appeals from the judgment.

It is averred in the complaint that, at defendant’s request, the plaintiff made and delivered to defendant certain plans and specifications for two public school buildings, to be built in the city of Pomona, which were duly approved, accepted, and adopted by defendant; that the services of plaintiff in preparing and furnishing the same to defendant were reasonably worth a certain stated sum of money; that plaintiff has demanded of defendant payment of said sum of money; and that defendant has not, nor has any one, paid the same or any part thereof, and the whole thereof remains due and unpaid. The prayer is for judgment for said sum of money.

It is clear that the question here involved—and the only question upon which we can pass—is a pure question of pleading. The decisions of this court cited by counsel for respondent, declaring the general doctrine that a contract which a municipal corporation attempts to make in violation…