Rose v. Ames

This is an appeal by plaintiff from (1) a judgment in favor of defendants after the trial court sustained a demurrer to plaintiff’s complaint without leave to amend in an action to recover damages for breach of an alleged contract, and (2) an order denying plaintiff’s motion for permission to file an amended complaint. The complaint contained the following allegations in substance:

Count I

Count I is a common count for money had and received.

Count II

I

Prior to the institution of the present action Maurice Rose filed a certificate with the county clerk of Los Angeles County, showing that he was…