Ryan v. Summers

Appellant filed a complaint in one paragraph for the specific performance of a contract. A demurrer was sustained and the appellant excepted and afterwards, by leave of court, filed a “second paragraph of complaint” to which a demurrer was also sustained, an exception reserved and, upon appellant’s *227refusal to plead further, a judgment was rendered and this appeal follows.

The so-called second paragraph of complaint states the same cause of action upon which the first was based and, when filed, constituted the only complaint then before the court for action. The first complaint having gone out…