McCarty v. Beach

Citations

• 10 Cal. 461

Syllabus

<p>The law imports a consideration to a sealed instrument from its seal. At common law a want of consideration could not be pleaded to a suit on a sealed instrument, the presumption of a consideration being absolute and conclusive. The statute of this State has not altered the presumption of a consideration which still accompanies the instrument, but only modified the rule so far as to allow it to be rebutted in the answer.</p> <p>In an action for the breach of a contract, the want of any averment of special damage can not be reached by demurrer. Such averment is only necessary where the right of action itself depends upon the special injury received. Bor the breach of a contract an action lies, though no actual damages be sustained.</p>