Curtiss v. Bachman

Citations

• 84 Cal. 216
• 24 P. 379
• 1890 Cal. LEXIS 791

Syllabus

<p>Pleading — Breach of Contract — Appeal — Support of Judgment.— In an action upon a contract, the complaint must show a breach of the contract, or it states no cause of action which will support the judgment upon appeal.</p> <p>Id. — Injunction Bond —Hon-payment. —In an action upon an injunction bond, the complaint must allege the non-payment of the money claimed under the contract, in order to state a cause of action.</p> <p>Id. ■— Allegation of Damage. — The allegation that the plaintiff has been injured and damaged in a certáin sum by reason of the issuance and continuance of the injunction does not allege non-payment by implication.</p> <p>Id.—Answer after Demurrer Overruled — Waiver of Demurrer.— A demurrer is not waived by the filing of an answer upon leave given by the court after the demurrer is overruled.</p>