Eaton v. Rocca

Citations

• 75 Cal. 93
• 16 P. 529

Syllabus

<p>Pleading—Action for Work and Labor—Principal and Agent— Miner’s Lien. — The action was brought to recover for work and labor performed by the plaintiff as a miner upon a mine alleged to belong to> the defendant Rocca, and for the value of the hoard of certain laborers, and to enforce a miner’s lien upon the mine as the property of Rocca. The complaint alleged that the defendant Richer! had some interest in the mine, and that the debt had heen contracted with him as the superintendent of the mine, acting as the authorized agent of Rocca. The evidence showed, and the court found, that the mine belonged exclusively to Rocca; that Richer! had no interest therein; and that the indebtedness was contracted by Richer! individually, and not as the agent of Rocca. Held, that under the pleadings the plaintiff was not entitled to a personal judgment against Richeri, or to enforce the lien against the mine as his property.</p> <p>Id.—Plaintiff cannot Dispute Allegations of Complaint.—A plaintiff cannot be heard on appeal for the first time to urge the rendition of a judgment in his favor, in direct contradiction of the allegations of the complaint.</p> <p>Mortgage — Assignment — Foreclosure—Sheriff’s Deed—Legal Title. — Where a mortgagee assigns his mortgage in satisfaction of a debt due from himself to his assignee, and the latter purchases the mortgaged property at the foreclosure sale and receives a sheriff’s deed therefor, the legal title so acquired is not affected by the fact that the purchaser verbally agreed with his assignor that if he sold the property he would pay him any balance of the purchase price there might be after deducting the amount of the indebtedness previously due to him.</p>