¶1(concurring in the result) — I concur in the first portion of the opinion, dealing with the liability of the respondents resulting from their alleged negligent mistake in the identity of the appellant Harvey E. Shortridge for another of respondents’ patients who desired the sterilization operation, and in the result of the opinion.
¶2The demurrer to the complaint was general, so if the facts pleaded disclose a right of recovery upon any theory, the demurrer should be overruled. State ex rel. West v. Seattle, 50 Wn. (2d) 94, 309 P. (2d) 751; Cary v. Bellingham, 41 Wn. (2d) 468, 250 P. (2d) 114; Brown v. Peoples Nat. Bank of Washington, 39 Wn. (2d) 776, 238 P. (2d) 1191; Sweeny *404v. Sweeny Inv. Co., 199 Wash. 135, 90 P. (2d) 716, 139 A. L. R. 847.
¶3Consequently, it is unnecessary to decide the other matters discussed in the opinion.