Elliott v. Leopard Mining Co.

Citations

• 52 Cal. 355

Syllabus

<p>Executory Contract Construed—Its Effect upon the Parties thereto; AND THEIR SUCCESSORS IN INTEREST HAYING NOTICE OF ITS CONTENTS — Pleading.—The complaint sets out a contract of record, whereby B, A & E, a law firm, undertook to render certain professional services to maintain and quiet the title of four mining partners, viz., L F, S H, GH, and P O’M, to certain mining claims, of which the Leopard Mining Company was an adverse claimant; and whereby said mining partners on their part agreed to convey to said firm an undivided one-fourth of said claims, or in case of a compromise with said adverse claimant, said firm should be entitled to a share equal to one-fourth of the proceeds of said compromise. The complaint further alleges the commencement of an action in pursuance of said contract; a dissolution of said law firm, each of its members retaining his individual share in the interest contingent on the conveyance or compromise aforesaid; a release by A and B of their interests to S H, one of said mining partners, to George Hearst, and by him to said Leopard Mining Company, whereby said action to quiet title and all controversy concerning said mining claims were settled and compromised, and said company became the sole successor in interest of all the parties thereto, agreeing to pay to said Hearst a large sum of money in installments, a part of which was due and unpaid, when, after demand by E, said Hearst and said company refused to recognize his interest therein, and he commenced his action therefor upon separate demurrers by defendants to such complaint. 1. That it does not state facts sufficient to constitute a cause of action. 2. That there is a misjoinder of alleged causes of action. 3. That there is a misjoinder and a nonjoinder of i>arties plaintiff and defendant, i. That the complaint is ambiguous, unintelligible, and uncertain: held, that appellant’s remedy is not alone upon the personal covenant of the parties contracting with his firm; but that the l