Dennison v. Chapman

Citations

• 105 Cal. 447
• 39 P. 61
• 1895 Cal. LEXIS 678

Syllabus

<p>Pleading — Sufficiency of Complaint—Waiver of Technical Objections.—Where no demurrer is interposed to the complaint, all merely technical objections thereto are waived.</p> <p>Id.—Prayer of Complaint—Relief under Issues.—Where there is an answer to the complaint the court may grant the plaintiff any relief consistent with the case made by the complaint and embraced within the issues, although not specifically prayed for.</p> <p>Id.—Prayer in Replevin—Shares of Stock—Issue as to Damages.— Where the prayer of the complaint is for a judgment against the defendant for the possession of certain shares of mining stock, or their value in a specified sum in the event possession cannot be had, the fact that plaintiff is not entitled to a judgment in replevin for the stock is immaterial, if the complaint sets out facts showing that he was entitled to the stock under an executory contract with the defendant, that he had demanded it, and defendant had refused to deliver it, and that by such refusal the plaintiff was damaged in a specified sum, upon which defendant joins issue; and the plaintiff is entitled to recover the damages alleged irrespective of the prayer of the complaint, provided the evidence is sufficient to uphold the complaint.</p> <p>Id.—Contract for Purchase of Mines—Purchase of Stock.—Where a contract between the plaintiff and defendant, respecting the purchase of a mine, provided that, in case the mine specified should not be purchased, the agreement should extend and apply to any other mine or mines that might be obtained by the defendant, it appearing that one-half of another mine was in effect purchased by the defendant, and, in order to carry out the contract of purchase, a corporation was formed to which the mine was conveyed, and the stock issued to the several parties in proportion to their interest, such purchase is in effect the purchase of a mine, or of an interest therein, by the defendant, if done under and in pursuance of the contract and acqui