McCarron v. Cahill

— The complaint alleges “ that the plaintiff, at the request of the defendant, performed work, labor and services, and furnished materials for the same of the value of fifty-eight dollars and forty-eight cents, that the items of such labor and materials and days on which the same were done or furnished are hereto annexed.” “ That no part of the same has been furnished.” The defendant demurs upon *306the ground that “ the complaint does not contain facts sufficient upon its face to constitute a cause of action.” An issue of law arising upon a - demurrer (Code of Civil Pro., sec. 974) must be…