Holzheier v. Hayes

Citations

• 5 Cal. Unrep. 965
• 52 P. 838
• 1898 Cal. LEXIS 1058

Syllabus

<p>Covenants.—In an Action for Breach of Covenant in a Deed, the complaint alleged a certain money consideration, upon which issue was joined, the answer alleging the consideration to consist ,of certain contracts between the parties, which contracts plaintiff had violated. The findings of fact showed a contract resembling the one set up in the answer, and that plaintiff had violated it; but there was no finding whether the deed rested for its consideration on the payment of money as alleged by plaintiff, or on the contract set up in the answer, though there was evidence touching this issue. Held, that a judgment for defendant was not supported by the findings.</p>