De Vally v. Kendall De Vally Operalogue Co.

Appeal by plaintiff from judgment entered upon order sustaining, without leave to amend, demurrer of defendants to the first and third causes of action stated in plaintiff’s amended complaint for declaratory relief, for an accounting, for salary, damages and other and further relief.

The complaint is predicated upon, and pleads in haec verba, a written agreement executed September 16, 1931, by plaintiff as first party, and by defendants Henry E. Kendall and his son, Gerald H. S. Kendall, as second parties. It was thereby agreed that these parties would form a California corporation (later…