Laczko v. Jules Meyers, Inc.

used Cadillac from respondent. Its odometer then read 34,000 mil^s. About two months later appellant discovered that the car '.had been driven over 55,000 miles at the time respondent purchased it. This action for damages for fraud followed. The appeal is from an order dismissing the action under Code of Civil Procedure section 581, subdivision 3, following the sustaining of a general demurrer, without leave to amend, to appellant’s second amended complaint.

The basis of the demurrer was that the appellant’s complaint did not state facts sufficient to constitute a cause of action because it…