Caspar Lumber Co. v. Stowell

Plaintiff sued to recover the balance due upon a written contract for the sale of real property. The defendant interposed a general and special demurrer, which was sustained without leave to amend. Since the plaintiff did not request leave to amend, the question before us is whether the demurrer to the complaint is good upon any7 ground. This limitation is stated clearly in Stillwell Hotel Co. v. Anderson, 4 Cal. (2d) 463, 464 [50 Pac. (2d) 441], as follows: “The record fails to show that leave to amend was asked and refused between the dates of order and judgment, hence, no error may7 be…