Dabovich v. Emeric

Citations

• 7 Cal. 209

Syllabus

<p>A complaint, alleging that the defendant sold to plaintiffs a certain share of fruit growing in an orchard, and after the sale executed a guaranty that the share of plaintiffs should be at their disposal, and further alleging a demand for the same and the refusal of the defendant to deliver, is demurrable, as it should have contained an assignment of the breach of the contract or guaranty.</p> <p>The true point in issue is, whether the defendant undertook to deliver. Erom the nature of the sale, it operated as a delivery. There was no necessity of a demand on defendant, unless for the purpose of enabling him to comply with his guaranty.</p>