Miller & Lux, Inc. v. San Joaquin Light & Power Corp.

This is the third time this ease has been before the reviewing courts. On the first, occasion, 120 Cal. App. 589 [8 Pac. (2d) 560], the question presented was whether the court had erred in sustaining a demurrer to the answer of the defendant. It was held that the demurrer was improperly sustained as to several of the separate defenses, but was properly sustained as to several others. On the second occasion, 136 Cal. App. 493 [29 Pac. (2d) 296], the appeal was from a judgment after trial. The appellate court determined that the trial court had misconstrued the contract involved herein, and…