Haines v. Stilwell

Citations

• 5 Cal. Unrep. 27
• 40 P. 332
• 1895 Cal. LEXIS 1124

Syllabus

<p>. Contract—Modification.—After Defendant had Agreed to Repay to plaintiff all moneys received under a contract in consideration of its annulment, a proposition by him to pay a certain amount was accepted by the latter, if he would agree in writing to do so, and defendant promised to send the. agreement, but never did so. Held, that the new agreement was never perfected so as to change the defendant’s liability under the agreement for the rescission of the contract.</p> <p>Trial—Findings.—Where Counts for Money Loaned, Money had and received, and on a special contract, which is especially set out, are joined, and the complaint shows that they are all on the same cause of action, the failure to find the issues under the first and second counts is not reversible error, the issues under the third count being found, as the latter include the former.</p> <p>Pleading—Attacking on Appeal.—The Fact That Defendant’s Promise, in the action on a contract, is alleged in the complaint, merely by way of recital, is not ground for reversing a judgment for plaintiff, where the complaint is attacked for the first time on appeal, andi where defendant specially denied the promise,</p> <p>Interest—Rescission of Contract.—Defendant, After Having Agreed, in consideration of the rescission of a contract, to repay plaintiff all moneys received thereunder, refused to do so. Held, that he was liable for interest on the money received from the date of the later agreement.</p>