Gardner v. Samuels

Citations

• 116 Cal. 84
• 47 P. 935
• 1897 Cal. LEXIS 513

Syllabus

<p>Pleading—Demurrer to Complaint — Misjoinder of Parties—Sufficiency of Form.—A demurrer to a complaint upon the ground of a misjoinder of parties which designates the defendants who are improperly joined with the demurring party, sufficiently calls the plaintiff’s attention to the objection to the complaint and is sufficient in form. It is not necessary to incorporate into the demurrer an argument in support thereof, or to state therein the reasons why the misjoinder is improper.</p> <p>Id.—Proper Parties Defendant—Cause of Action against One.—If the relief sought by a plaintiff by reason of the cause of action as framed in his complaint, would render all of the persons named as defendants proper parties to entitle him to such relief, a defendant against whom a sufficient cause of action is stated, cannot demur for misjoinder of defendants because the complaint does not sufficiently state a cause of action against another defendant.</p> <p>Id.—Action by Lessee to Enforce Lien for Improvements against Lessor—Purchaser of Land a Necessary Party.—In an action by a lessee of land against the lessor to have the value of certain improvements placed upon the land by the lessee declared to be a lien thereon, and to have the land sold for its payment, a subsequent purchaser of the land, who purchased it after the termination of the tenancy, is a necessary party defendant, and he cannot be said to be improperly joined as a defendant, even though the complaint does not sufficiently state a cause of action for affirmative relief against him.</p> <p>Id.—No Lien for Improvements without Express Agreement.—In the absence of an express agreement to that effect, a tenant has no lien upon leased land for the value of improvements placed thereon, under an agreement that the landlord shall pay for the same, at the expiration of the term.</p> <p>Landlord and Tenant—Lease—Personal Covenant of Lessor—Payment for Improvements—Purchaser after Breach not Liable.— A covenant in a lease of l