Delafield v. San Francisco & S. M. Railway Co.

Citations

• 5 Cal. Unrep. 71
• 40 P. 958
• 1895 Cal. LEXIS 1137

Syllabus

<p>Contract for Services.—A Complaint Alleging Performance of services for defendant and others, at their request, and agreement of defendant to pay therefor, supports a judgment against him alone.</p> <p>Contract for Services.—One Who Agreed to Pay in Stock and refuses to deliver it is liable for the amount in money.</p> <p>Contract for Services.—Where the Complaint Alleges the Performance of service, and a promise to pay therefor a certain sum, and the answer alleges a contract to pay a certain amount per month in stock, and admits that a certain number of shares thereof are due, objection to the admission of a contract like that alleged in the answer, except providing for a smaller payment, cannot for the first time be made on appeal, on the ground that it varied from that alleged in the complaint.</p>