Hurley v. Ryan

Citations

• 119 Cal. 71
• 51 P. 20
• 1897 Cal. LEXIS 850

Syllabus

<p>Action for Money upon Contract—Insufficiency of Complaint—Failure to Aver Nonpayment.—In an action upon contract to recover money, the breach oí the contract to pay is oí the essence oí the cause of action, and must be alleged; and a complaint which does not allege that the debts sued upon have not been paid tails to state a cause oE action, and a demurrer thereto upon that ground should be sustained.</p> <p>Id.—Demurrer not Waived.—A demurrer for insufficiency of the complaint to state a cause of action is not waived by answer, whether filed at the same time or subsequently, nor is such defect in the complaint cured by verdict.</p>