I concur in the opinion of Hr. Justice Ingraham on the ground that the 'two causes of action are not inconsistent. Both actions proceed on the theory of- rescission, and the only inconsistency is in the relief demanded which upon the trial will be accorded in consonance with the facts proved.
Judgment reversed, with costs, and demurrer sustained, with costs, with leave to plaintiff to amend on payment of costs in this court and in the court below. Order filed.