Link v. Jarvis

Citations

• 5 Cal. Unrep. 750
• 33 P. 206

Syllabus

<p>Pleading — Amendment — Discretion.—Applications to. Amend Pleadings are addressed to the discretion of the trial court, and should be allowed at any stage of the trial, when necessary for the purposes of justice.</p> <p>Pleading—Form of Action.—A Complaint Which Sets Out that defendant received plaintiff’s money under an agreement which he afterward refused to perform, and asks damages for the breach, does not state a cause of action sounding in tort.</p> <p>Statute of Limitations—When Begins to Bun.—Where Money is Given under an agreement that the person who receives it will do certain things, and he fails/ to perform his agreement, the statute of limitations will not commence to run against the claim of the person who gave money until there is a refusal to perform the contract.</p> <p>Statute of Limitations.—Where an Amended Complaint is Filed which does not state a new cause of action, nor bring in new parties, it relates back to the filing of the original complaint, and the statute of limitations ceases to run. against plaintiff’s claim at the date of filling the original complaint.</p> <p>Interest.—In an Action to Becover Money Given Under an Agreement that the person who received it would do certain things, where such person has refused to perform his agreement he is chargeable with interest on the sum received from the time of such refusal.</p>