Southall v. Security Title Insurance & Guarantee Co.

Plaintiff has appealed from a judgment entered after a demurrer was sustained to his amended complaint upon the stated ground that his cause of action was barred by the provisions of subdivision 1 of section 339 of the Code of Civil Procedure.

Plaintiff alleged that on December 3, 1947, he entered into a contract for the purchase of certain real property from William and James P. Bianchini as heirs-at-law of one Eugenio Bianchini and also as cotrustees of a trust established by the will of Eugenio Bianchini, and secured approval of the purchase from all of the beneficiaries of the trust.…