Downey v. Cavasso

This is an appeal from a judgment entered in favor of the defendant after an order sustaining a demurrer to the plaintiff’s second amended complaint without leave to further amend.

The demurrer was grounded upon the sufficiency of the facts stated to constitute a cause of action and the uncertainty and unintelligibility of the averments of the complaint.

The plaintiff’s complaint, when disentangled, discloses .that the gist of the plaintiff’s grievance arises out of a set of facts which, concretely stated and in the order in which they are rightly related, are these: On and for some time prior…