Smith v. Smith

This is an action on an oral agreement to leave property to plaintiff in consideration of services to be rendered and in quantum meruit, instituted against the executor of the estate of one of the promisors. The court by order of May 20, 1953, sustained a demurrer to plaintiff’s second amended complaint without leave to amend. Notice of appeal from said order was filed on July 10, 1953. On October 15, 1953, a judgment for defendant was entered on the demurrer sustained.

Since no appeal lies from an order sustaining demurrer (Taliaferro v. Wampler, 118 Cal.App.2d 391 [257 P.2d 674]), we…