Auburn Opera House & Pavilion Ass'n v. Hill

Citations

• 113 Cal. 382
• 45 P. 695
• 1896 Cal. LEXIS 799

Syllabus

<p>Appeal—Review op Evidence—Immaterial Findings.—Where the admissions of the pleadings and the evidence sustain all the material findings, it can make no difference to the judgment whether other findings of immaterial facts which have no proper place in the pleadings are or are not sustained by the evidence.</p> <p>Id.—Law op the Case—Construction op Pleadings—Prospectus op Corporation—Subscription to Stock—Contract—Calls by Corporation.—Where the pleadings remain unchanged, the construction given to them upon a former appeal becomes the law of the case upon a second appeal; and where upon a former appeal it was held that a complaint by a corporation against a subscriber to a “prospectus” for its organization, who subscribed for shares therein, showed a contract of subscription to the stock of the corporation as contained in the “prospectus” signed by the defendant, and that upon the facts alleged in the complaint as to the calls or demands for the amount agreed to be paid by defendant for such subscribed stock, the plaintiff is entitled to maintain the action, such construction of the complaint is the law of the case upon the second appeal, and it cannot be urged that the prospectus did not constitute a contract, and that the only liability of the defendant was for assessments made or provided in the Civil Code.</p>