Freeborn v. Glazer
California Supreme Court
Appeal from the District Court of the First Judicial District, County of Los Angeles. The complaint in this case is for goods sold and delivered. It contains several counts, all of which are alike in form.
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Appeal from the District Court of the First Judicial District, County of Los Angeles. The complaint in this case is for goods sold and delivered. It contains several counts, all of which are alike in form. The following is one of the counts: The plaintiffs “ complain of Lewis G-lazer, resident of the said county of Los Angeles, defendant, and for cause say, that heretofore, to wit, at the county of San Francisco, State aforesaid, on the 30th day of May, 1857, the defendant became and was indebted to the plaintiffs in the sum of seventeen hundred and twenty-three 29-100 dollars, ($1723 29,)…
1ConcurrenceTerry, C. J.
*338The complaint contains several counts which are in the ordinary form of counts in indebitatus assumpsit, for goods sold and delivered, and money paid and expended; and it is objected to, not by demurrer, but after answer, as defective in not stating facts sufficient to constitute a cause of action. The objection is not well taken. The complaint is sufficient in its allegations; and if they were deemed too general, the defendant could have applied for and obtained an order upon the plaintiffs to furnish a bill of particulars. It states a promise by the defendant, and its consideration and…
2Cases cited2 opinions
- Beekman v. PlatnerNew York Supreme Court · 1853
- Adams v. HolleyNew York Supreme Court · 1854
3Cited by20 opinions
- Pleasant v. SamuelsCalifornia Supreme Court · 1896
- Manning v. DallasCalifornia Supreme Court · 1887
- Abadie v. CarrilloCalifornia Supreme Court · 1867
- Donnelly v. StruevenCalifornia Supreme Court · 1883
- Republic Truck Sales Corp. v. PeakCalifornia Supreme Court · 1924
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