Majority
p. 315Levi Nichols, Respondent, v. George Drew et al., Appellants.
Judgment and order of Special Term reversed and judgment ordered for defendant, Drew, on the demurrer, with costs of the demurrer and the appeal, with leave to the plaintiff to amend his complaint in twenty days on payment of costs. Held, that there is an improper joinder of causes of action, the first count being in tort and the second on contract, and the defect being specified in the demurrer.