Berkey v. Halm

VALLÉE, J.

Appeal by plaintiff from a judgment entered pursuant to an order sustaining, without leave to amend, the demurrer of defendants G. Willis Halm and Vera L. Halm to plaintiff’s third amended complaint. G. Willis and Vera Halm are husband and wife, and Halm-Decker Company, Inc., is a California corporation. Judgment in favor of the corporation followed the sustaining of its demurrer to plaintiff’s original complaint. Plaintiff did not appeal from that judgment.

The complaint was filed May 11, 1949. Two counts are pleaded—the first, an action for damages for breach of an oral contract to…