Du Brutz v. Jessup

Citations

• 70 Cal. 75
• 11 P. 498
• 1886 Cal. LEXIS 728

Syllabus

<p>Contract—Breach of—Action to Recover for—Pleading. — In an action to recover damages for the breach of an alleged contract, the complaint is insufficient if it merely alleges a promise without averring its breach, or if it assigns a breach of something which is not alleged to have been promised.</p> <p>Id. —Contract for Sale of Land—Refusal to Execute Agreement for Sale. —The action was brought to recover damages for the breach of a contract whereby the plaintiffs agreed to procure a purchaser of certain land belonging to the defendant, at a fixed price, to be paid in installments at stated times, in consideration of which the defendant promised to pay them a certain compensation. The complaint, after setting forth the contract, alleged that the plaintiffs found an intended purchaser, and assigned as a breach of the contract the refusal of the defendant to join with the purchaser in the execution of an agreement for the sale of the land embodying the terms upon which the defendant had authorized the plaintiffs to negotiate the sale. Meld, that the refusal of the defendant to execute the agreement was not a breach of the contract.</p>