Naftzger v. Gregg

Citations

• 3 Cal. Unrep. 520
• 31 P. 612

Syllabus

<p>Bills and Notes — Pleading.—In an Action on Two Notes the answer admitted the allegations in the complaint, but set out a contract for a deed to defendant from plaintiff, with the averment that the execution of the contract and the making of the notes were parts of the same transaction, and that the contract was the only consideration for the notes, and that no deed had been tendered by plaintiff. Held, that the complaint was defective, and presented no cause of action, in that it did not set out the contract, and allege performance by plaintiff of its conditions.</p> <p>Bills and Notes—Bes Judicata.—Where a Judgment for Defendant- has been rendered in an action on notes because the complaint did not set out the contract under which the notes were given, and allege performance of its conditions, which performance was necessary for a recovery upon the notes, and where there is no issue tendered in the complaint or answer as to the performance of this condition, this judgment is no bar to an action on the notes and the contract.</p>