Lomb v. Richard

This is a demurrer to the complaint on the grounds (1) that it does not set forth facts sufficient to constitute a cause of action, and (2) that two causes of action have been improperly united in the same complaint. I think the last ground is well taken. Section 484 of the Code permits certain causes of action to be joined in the same complaint, but it specifically provides that they must be consistent with each other. In the present case, the first cause of action is based on the breach of a contract, while the second cause of action is for a rescission of the same contract on the ground of…