Adams v. De Boom

Citations

• 5 Cal. Unrep. 1
• 39 P. 858
• 1895 Cal. LEXIS 1126

Syllabus

<p>Actions—Consideration—Harmless Error.—Where two actions between the same parties were consolidated, and judgment rendered for plaintiff in one action, it is immaterial, on an appeal by defendant, that the complaint in the other action did not state facts constituting a cause of action.</p> <p>Actions—Consolidation—Findings.—An action to enforce a contract to convey land in consideration of plaintiff’s doing certain grading, and an action to recover for the grading in three counts—First, the reasonable value thereof; second, the price therefor under a written contract; and, third, the value of extra grading—were consolidated. The court found for defendant as to the first action, and for' plaintiff as to the second, on the second count, and for $350 “in addition to said written contract.” Held, that the finding of the additional sum related to and was supported by either the first or third count of the second action.</p>