FOURT, J.
These are appeals from judgments entered after the sustaining of demurrers to complaints (in the Ramsay case the third amended complaint) without leave to amend.
The appeals have been consolidated upon stipulation of the parties and the order of this court. The cases involve identical questions of fact and law. The Ramsay complaint was filed March 16, 1959. The Palmer complaint was filed March 13, 1959. The complaints alleged as follows:
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