Clark v. Yocum

Citations

• 116 Cal. 515
• 48 P. 498
• 1897 Cal. LEXIS 582

Syllabus

<p>Pleading—Demurrer to Complaint — Misjoinder of Causes—Limitation of Evidence—Harmless Error—The improper overruling of a demurrer to a complaint for misjoinder of causes of action, is rendered harmless where the court, at the trial, by express order, limits the evidence to one cause of action, and the case is tried upon that alone.</p> <p>Id.—Sufficiency of Cause of Action—Breach of Contract—Sale of Land and Water Eights for Lump Sum—Value of Water Eights. The complaint in an action for damages for failure to convey water rights, in breach of a contract for the purchase of a certain tract of land and water rights for a lump sum paid by the plaintiff, where the proportion of that sum paid for the water rights cannot be segregated or specifically alleged, sufficiently completes the cause of action for breach of the contract to convey the water rights, by alleging that at the time when the conveyance of the water rights was demanded and refused, the value of the water rights was a specified sum.</p> <p>Id.—Measure of Damages—Construction of Code—“Bad Eaith”—Eefusal to Perform without Excuse. —Under section 3306 of the Civil Code, which provides that the detriment caused by the breach of a contract to convey an estate'.in real property is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto in case of bad faith the difference between the price agreed to be paid and the value of the estate to be conveyed, at the time of the breach, and the expenses properly incurred in preparing to enter upon the land, the refusal without any just cause or. excuse to perform a contract to convey water rights and privileges after the purchase price for a tract of land and the water rights has been paid, is “bad faith” within the meaning of that section, and “bad faith” being present, the measure of the damages would be at least the value of the water rights.</p>