Grant v. Sheerin

Citations

• 84 Cal. 197
• 23 P. 1094
• 1890 Cal. LEXIS 787

Syllabus

<p>Pleading—Breach of Contract — Non-payment —General Demurrer — Special Demurrer. — A complaint which entirely fails to state a breach of the contract sued upon, or to allege the non-payment of money sought to he recovered, states no cause of action, and may be assailed by general demurrer; but if there is not an entire failure to state the fact of breach or non-payment, and the averment is simply uncertain and defective, the defect can only he reached by special demurrer particularly designating the specific point at which it is aimed.</p> <p>Id. — Allegation of Demand and Refusal to Pay. — A complaint in am action to recover money, which alleges a demand of payment of the amount sued for, and that “ defendant has refused, and still refuses, to account for or pay the same, or any part thereof,” while subject to special demurrer for not definitely and certainly alleging non-payment of the money, does not so entirely fail to allege non-payment as to he subject to a general demurrer for not stating facts sufficient to constitute a cause of action.</p> <p>Id.—Appeal — Support of Judgment—Finding of Non-payment.— Such complaint will support the judgment upon an appeal taken from the judgment roll alone, if tne court has found that no part of the money for which judgment was entered had been paid.</p> <p>Sufficiency of Findings—Appeal from Judgment..— Though the findings may be open to some criticism, yet if they are intended to and in effect do cover all the issues tendered by the pleadings, they will be held sufficient upon appeal from the judgment.</p>