Courts will never presume a cause of action where noneappears. (Barron v. Frink, 30 Cal. 486.) And this rule will apply to both counts of the counterclaim.
The demurrer was not general, but special, pointing out, as required by statute, wherein the pleading did not state facts sufficient to constitute a counterclaim.
JUDGES: Wallace, J. Mr. Justice Crockett did not participate in the foregoing decision.
OPINION
WALLACE, Judge
The demurrer was properly sustained; it did not appear that the counterclaims relied upon existed in favor of the defendants at the time of the commencement of the action.
There is nothing in the other points; the appeal is without merit, and the judgment is affirmed, with ten per cent damages.