Hogan

In this action the demurrer of the above-named corporation defendant to plaintiffs’ amended complaint was sustained, and judgment of dismissal was thereupon entered in favor of said corporation. Plaintiffs appeal from said judgment, and the only question presented relates to the sufficiency of the complaint. The respondent contends simply that the complaint does not state a cause of action, and therefore the demurrer to it was properly sustained, and the action rightly dismissed.

The complaint is based upon an order for $386, drawn on the respondent corporation by defendant Esty in favor of appellants, and accepted by the corporation with an indorsement on its face, signed by the corporation, in the following language: “Accepted, payable as follows: $375 upon completion of house, $11 thirty-five days after, provided no liens are filed.” The order in question is dated and addressed to “Globe Mutual Loan Assn.,” and runs as follows: “Please pay to Humboldt Lumber Co., or order, three hundred and eighty-six dollars, for material furnished on your building, w. s. Grant st. and Bancroft, Berkeley, and charge same to my account.”

It is shown by the complaint that the defendant Esty…