Henke v. Eureka Endowment Ass'n of Cal.

Citations

• 100 Cal. 429
• 34 P. 1089
• 1893 Cal. LEXIS 813

Syllabus

<p>Contract—Presumption op Consideration op Written Instrument— Pleading.—A complaint which alleges that a corporation defendant executed a contract in writing whereby it promised and agreed to pay the plaintiff on a given date a certain sum of money, states facts from which the law presumes a consideration, and the failure specially to allege a consideration for the written contract is not ground of demurrer, though the contract is not set out in Tunc verba.</p> <p>Id.—Presumption op Law.—Presumptions of law need not be averred in a complaint.</p> <p>Id.—Matter op Inducement—Ambiguity.—Matter of inducement leading up to the written contract upon which the cause of action is based does not render the complaint ambiguous, uncertain, or unintelligible.</p> <p>Id.—Redundant Allegations.—That a complaint alleges facts which are redundant is not a cause for demurrer. The proper remedy in such a case is a motion to strike out.</p>