Smiths' Cash Store v. First Nat. Bank Francisco

The demurrer to the complaint was sustained and judgment rendered for defendant, and from this judgment plaintiff appeals.

The demurrer was upon the grounds that the complaint does not state facts sufficient to constitute a cause of action, and that the alleged cause of action is barred by the provisions of subdivision 1 of section 339 of the Code of Civil Procedure. The substantial averments of the complaint are these: That at the times mentioned in the complaint the plaintiff was engaged in conducting a “general merchandise and commission business,” and the defendant was carrying on “a…