Haskell v. Moore

Citations

• 29 Cal. 437

Syllabus

<p>Complaint.—If a complaint contains more than one count, and one of the counts docs not state a cause of action, the answer need not deny the allegations of such count, and objections may be made to it for the first time in the Supreme Court.</p> <p>Construction of Covenant to indemnify.—Where plaintiff and defendants had been engaged in purchasing and exporting merchandise on their joint account up to a certain time, and the defendants then withdrew from the business, and plaintiff carried it on on his own account for a time, and then the parties entered into an agreement to carry on the business together, and defendants covenanted to indemnify plaintiff against all liabilities connected with the business in which the parties had before been engaged; held, that the covenant did not apply to the liabilities incurred by plaintiff while he carried on the business on his own account.</p> <p>Partnership Accounts. — In an action at law to recover damages for failure to comply with a covenant to indemnify plaintiff against liabilities, the defendant cannot set up, as a counter claim, demands which were matters of partnership between the parties.</p>