Donohue v. Pioche Mines Co.

The complaint is based upon the written contract set out in the opinion. By reference to the contract, it will be observed that defendant promised to deliver to plaintiff 900 shares of its capital stock, par value $5 per share, or, at the option of the defendant, to pay to the plaintiff the sum of $2,700 at the Bank of Pioche. The defendant did not choose to exercise its option. Therefore, its promise to deliver the stock became absolute regardless of its value. I do not conceive that the complaint is based upon a money demand. The prayer of a complaint is no part of the cause of action, and,…