Loup v. California Southern Railroad
California Supreme Court
Appeal from a judgment of the Superior Court of the county of San Diego, and from an order refusing a new trial. The facts are stated in the opinion of Mr. Justice McKee.
1Opinion of the CourtMcKee, J.
The complaint in this case contains four counts: The first and fourth are founded upon two special contracts, the third upon a quantum meruit, and the second upon a cause of *98action in the nature of an action on the case for alleged wrongful acts or omissions by the defendant.
There was a demurrer to the complaint, on the grounds that several causes of action had been improperly united, and that none of the counts contained facts sufficient to constitute a cause of action; but the demurrer was overruled.
Several causes of action are unitable in one complaint when they arise upon contract express…
2Cases cited5 opinions
- Holmes v. RichetCalifornia Supreme Court · 1880
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Collins v. BartlettCalifornia Supreme Court · 1872
- Smith v. BriggsNew York Supreme Court · 1846
- Kreichbaum v. MeltonCalifornia Supreme Court · 1874
3Cited by30 opinions
- Eads v. MarksCalifornia Supreme Court · 1952
- Castagnino v. BallettaCalifornia Supreme Court · 1889
- Garmon v. San Diego Building Trades CouncilCalifornia Supreme Court · 1958
- People v. Central Pacific RailroadCalifornia Supreme Court · 1890
- Ward v. ClayCalifornia Supreme Court · 1890
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