Richards v. Lake View Land Co.

Citations

• 115 Cal. 642
• 47 P. 683
• 1897 Cal. LEXIS 489

Syllabus

<p>Pleading—Nonpayment.—In an action to recover money upon a contract, the failure to pay constitutes the breach, and must be alleged; and an allegation that a specified amount is “now due and owing” to the plaintiff is a mere conclusion of law, and is insufficient as an averment of the fact of nonpayment.</p>