No allegation of fact is permissible in a demurrer. Where the defendants sought to make an exhibit part of their demurrer to the complaint, the demurrer was fatally defective.
KING, J.
Paragraph 1 of the demurrer alleges that a copy of an agreement set forth in paragraph 2 of the complaint "is annexed hereto as Exhibit `A' and made part of this demurrer."
It thus appears that all facts contained in that agreement are incorporated in, and made part of, the demurrer.
It is a fundamental rule of law that a "speaking demurrer" is improper since no allegation of fact is permissible in a demurrer. Ryan v. Knights of Columbus, 82 Conn. 91, 92; 41 Am. Jur. 440, § 209.