Tobey v. Randall

In the briefs of counsel for appellant we are informed that this is an action to compel specific performance of a contract, and that the appeal is from a judgment. entered after an order sustaining a demurrer to the second amended complaint, without leave to amend. The opening brief contains a statement that the second amended complaint “alleges in summary” certain facts concerning transactions between plaintiff and defendant. But the learned writers do not favor us with even a summary statement of the contents of the demurrer which was so fatal to their third attempt to state a cause of…