The opinion
THE COURT.
The petition for hearing herein is denied. In denying such petition we withhold our approval from that portion of the opinion of the district court of appeal ■as follows:
“It has been held in most jurisdictions, among them California, that a general averment that the contract sued on was executed without consideration ‘is but an allegation of a conclusion of law.’ ”
As to that question we express no opinion. We agree with the district court of appeal, however, that under the facts as shown and found in this case the eleventh finding of the trial court may be disregarded as being a conclusion of law. The court found the facts surrounding the execution of the written guaranty of November 9, 1921, by the *724 appellant. Whether these facts were sufficient to show a consideration for said written guaranty was purely a question of law.