Dashaway Assn. v. Rogers

Citations

• 79 Cal. 211

Syllabus

<p>Vendor. and Purchaser—Recovery Back oe Deposit—Principal and Agent*—Pleading-—Parties.—When a vendor assumes to convey land of which he represents himself the owner, but of which he has no title, and receives a deposit of the purchase-money for the joint benefit of himself and another person for whom he acted as agent, and who received a share of the deposit, both are jointly liable as principals in an action to recover back the deposit, and it is immaterial that plaintiff did not know of the connection of the other person with the transaction at the time the contract was made. A complaint against such persons jointly to recover the money is not demurrable for misjoinder of causes of action, or of parties defendant.</p> <p>In, — Assumpsit—Money had and Received—Pleading—-Common Count. — A common-law count for money had and received is proper in an action to recover a deposit of money wrongfully obtained from the plaintiff by the defendants, and whiek theywrongfnlly refused to pay to the plaintiff upon demand.</p>