Corum v. Hartford Accident & Indemnity Co.

Plaintiff appeals from a judgment after order sustaining general and special demurrers to a second amended complaint, without leave to amend. The complaint purports to set forth a cause of action upon a contract claimed to be -within the code provisions that “A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.” (Civ. Code, § 1559.)

The unverified complaint, signed by the attorney for the plaintiff, avers that ‘‘on a date unknown to plaintiff but prior to the enactment of section 11580 of the Insurance Code of…