Griffiths v. Henderson

Citations

• 49 Cal. 566

Syllabus

<p>Complaint pob Violation op Oontbact.—In a complaint for damages for violation of a contract containing mutual covenants, it is not necessary for the plaintiff to state the facts showing the performance of conditions precedent on his part, but he may state generally that he duly performed all the conditions on his part.</p> <p>Constbuotion op Lease.—If a lease of a tract of land, to be used as a dairy farm, binds the lessor to furnish cows that are fit for dairying, “the number not limited, ” the lessee to pay a fixed sum per year for each cow, it will be construed as binding the lessor to furnish cows sufficient in number to stock the land leased.</p> <p>Demuebee.—A demurrer to the entire complaint is not well taken, if the complaint contains two counts, and one count contains a cause of action.</p>