Ferguson

This action was originally brought against McBean and A. Y. Bills. The defendants demurred to the original complaint upon the ground that Bills was improperly joined as a defendant. The demurrer was overruled, and, upon the trial, plaintiff had judgment. Upon appeal by defendants it was. held that the demurrer should have been sustained, and) the judgment was reversed, with leave to the plaintiff to amend her complaint: See 91 Cal. 64 , 14 L. R. A. 65, 27 Pac. 518 . Respondent thereupon dismissed the action as to Bills, and amended her complaint in the matters made necessary by the dismissal of the action as to Bills, but retained, in substance, all of the allegations contained in the original complaint connecting Bills with the transaction. For a statement of facts of the case, see opinion of Mr. Chief *431 Justice Beatty upon the former appeal: 91 Cal. 66 ,14 L. R. A. 65, 27 Pac. 518 .

The only questions presented upon this appeal which were not disposed' of by the former appeal arise upon a demurrer to the amended complaint, and upon certain specifications of insufficiency of the evidence to justify the findings of fact, and upon .exceptions to the admission and exclusion of…