Gardner v. California Guarantee Investment Co.

THE COURT.

This is an appeal by the plaintiff from a judgment rendered on demurrer to the complaint.

The suit was brought for the reformation of a bond and mortgage executed by the plaintiff to the defendant, off date February 9, 1892,—which, it is alleged, through the fault of the defendant’s agent, failed to express the real intention or agreement of the parties,—and for other relief. The amended complaint consists of three counts: the first for the reformation of the instruments in question; the second for an accounting; and the third for damages. The last is clearly insufficient to show a…