Mondran v. Goux

Citations

• 51 Cal. 151

Syllabus

<p>Judgment must follow Complaint.—The plaintiff must recover, if at all, upon the cause of action as set out in his complaint, and not upon some other which may be developed by the proofs.</p> <p>Findings of Fact must follow Complaint. — A finding that the illaintiff and defendant are partners in land, and were equally interested in the purchase, does not sustain a complaint alleging that the plaintiff gave the defendant a sum of money to be invested in land, and that he put an equal amount of his own money with it and purchased land in his own name, and holds the legal title to an undivided half of it in trust for the plaintiff.</p>