Miller v. Van Tassel

Citations

• 24 Cal. 458

Syllabus

<p>Actions—Pleadings in.—The forms alone of the several actions have been abolished by statute, but the substantial allegations of the complaint in a given case must be the same under our practice as are required at common law.</p> <p>Vendor of Chattels—Action against.—Under the forms of pleading at common law, the vendee of chatties sold with a warranty of title could, on a breach of the warranty, recover damages in assumpsit, or he might sue in an action on the case for deceit, if there had been deceit, as well as warranty of title; but, in the first case, he must aver specially that the defendant warranted his title to the property, and that a breach of the warranty had occured, and in the latter, that the defendant falsely or fraudulently represented himself to he the owner of the property, and that he knew his representations were false.</p> <p>Same—Complaint on.—Under our practice, whichever ground of recovery the pleader adopts, his complaint must contain the same allegations of fact as were required at common law.</p> <p>Objection to Evidence.—The ruling of a Court, during a trial, in excluding testimony, will he sustained if its introduction was improper, although counsel do not state the correct grounds of objection, provided the correct grounds, if stated, could not have been obviated.</p> <p>Chattels—Warranty of Title.—The vendor of chattels in his possession warrants the same by implication. The warranty is a presumption of law arising from the possession of the vendor and the sale.</p> <p>Same.—This presumption may he rebutted by proof on the part of the defendant that ho refused to give a warranty of title, and that the plaintiff agreed to take the property at his own risk.</p> <p>Bill of Sale of Chattels—Warranty.—Where the vendor of chattels in his possession gives a written hill of sale to the vendee containing no covenant of warranty, there is an implied warranty, the same as though the sale was by parol.</p> <p>Same.—Where the vendor of chattels