Kredo v. Phelps

COOPER, C.

Appeal from judgment in favor of plaintiff. Appellants contend that the complaint does not state facts sufficient to constitute a cause of action, and that the findings are outside of the issues stated in the pleadings. Both contentions will have to be sustained.

The substance of the complaint is; That at all times therein named the plaintiff “was in the quiet and peaceable enjoyment of a certain two rooms in a certain house known and designated as No." 937 Post Street in the city and county of San Francisco. . . . That while plaintiff was in the possession of said rooms, the said…