Hewes

This action was brought to recover damages, laid at $1,200, for an alleged breach by the defendant, a corporation, of the following contract:

The second amended complaint set out this agreement, and proceeded to allege as follows: “ The plaintiff duly performed all the conditions of the said contract on his part, and delivered to the defendant and the defendant received all the said crop of raisins, excepting 2,905 boxes of the same; which said 2,905 boxes were in due time cured and delivered in good order at the packinghouse referred to in said contract, and there properly packed and left in good order and condition, subject to order of defendant, prior to the 3d day of January, 1887, and the defendant duly notified thereof; but the said defendant refused to accept the said goods or to pay for them pursuant to said agreement, to the plaintiff’s damage in the sum of $1,200.’’

A general demurrer was filed to this second amended complaint, but no ruling thereon appears of record. The complaint is not a model of perspicuity, and pos *443 sibly a demurrer for uncertainty might have been sustained, but we think a general demurrer could not.

The answer denied the performance of the…