Ralphs

Appeals from the judgment and from the order denying a new trial.

The nature of this action is sufficiently indicated in the opinion rendered upon the first appeal. (Ralphs v. Hensler, 97 Cal. 296 .)

The second trial of the action was entered upon by the respective parties under the same pleadings which were considered upon the first appeal. Plaintiff, after making his formal proofs, introduced the power of attorney and exhibited to the court defendants’ answer. That answer was then a subsisting, operative pleading, and contained the averments and admissions which, in the opinion of this court as declared in the ninety-seventh volume of our reports, amounted to a ratification by defendant Hensler of the acts of her attorney, performed under the insufficient power given to him.

At the conclusion of the taking of plaintiff’s evidence defendant moved for a nonsuit, and, among the grounds urged, was the one that the amended complaint upon which the action was being tried failed to state a cause of action. The particular in which the amended complaint was insufficient will be found designated and discussed in the concurring opinion of Mr. Justice De Haven rendered upon the former…