Dodge v. Kimple

Citations

• 121 Cal. 580
• 54 P. 94
• 1898 Cal. LEXIS 956

Syllabus

<p>Appeal—Undertaking — Dismissal.—Upon appeal from a judgment and from an order denying a new trial, where the undertaking refers only to the appeal from the judgment, and there is no undertaking upon appeal from the order, the latter appeal must he dismissed.</p> <p>Action fob Money — Pleading—Nonpayment.—In an action to recover money upon a contract, express or implied, it is necessary not only to allege the contract or other facts out of which the obligation to pay the money arose, but also to allege the nonpayment of the money, which constitutes the breach of the obligation; else the complaint is insufficient to sustain a judgment in favor of the plaintiff.</p>