[276 CalApp2d Page 294] On November 9, 1967, appellant purchased a used Cadillac from respondent. Its odometer then read 34,000 miles. About two
months later appellant discovered that the car had been driven over 55,000 miles at the time respondent purchased it. This
action for damages for fraud followed. The appeal is from an order dismissing the action under Code of Civil Procedure section
581, subdivision 3, following the sustaining of a general demurrer, without leave to amend, to appellant's second amended
complaint.
