San Diego Water Co. v. San Diego Flume Co.

Citations

• 108 Cal. 549
• 41 P. 495
• 1895 Cal. LEXIS 890

Syllabus

<p>Pleading—Demurrer—Joinder of Causes—Legal and Equitable Relief.—Where both legal and equitable relief are sought in the same pleading, but the right to such relief is based upon the same facts, a demurrer upon the ground that several causes of action are improperly joined and that they are not separately stated cannot be sustained.</p> <p>Id.—Specific Performance of Contract — Accounting—Damages — Special Demurrer.—Where a complaint sets forth a contract between the plaintiff and the defendant, of which it seeks a specific performance, together with an accounting, and damages for breach of the contract, and for general relief, it is not demurrable for misjoinder of causes of action, nor for uncertainty in not separately stating and numbering several causes of action.</p> <p>Id.—Parties—Trustees Appointed under Contract.—Where trustees are appointed under a contract to control and operate certain properties for the use and benefit of the respective parties to the contract, such trustees are simply the agents or instruments of the parties to the contract, and have no interest in the controversy in any legal sense, and are not required to be joined as parties defendant in an action for a specific performance of the contract, and for an accounting under it, and for damages for its breach.</p> <p>•Id,—Validity of Contract—Appointment of Trustees by Corporations.—Where a flume company made a contract with a water company which it constituted its sole agent for the exclusive sale of its water within the corporate limits of a city, and the two corporations appointed two trustees consisting of the presidents of both corporations, to whom were given the control of the properties of the corporations within the city, to operate and control the same for the use and benefit of the respective parties thereto, without giving to the trustees any power or authority over the sale of the water, such contract is not ultra vires, nor against public policy, upon the ground that it take