Wilson v. Moriarty
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Los Angeles. The demurrer for ambiguity and uncertainty specified, the particulars mentioned in the first syllabus above. The further facts are stated in the opinion.
1Opinion of the Court
Foote, C.
This action was instituted for the purpose of having a certain contract of lease rescinded. The defendant demurred to the complaint filed, upon the grounds,—1. That it did not state facts sufficient to constitute a cause of action; 2. That it was ambiguous, unintelligible, and uncertain in various particulars.
The demurrer was sustained, and the plaintiff declining to amend her complaint, judgment passed for the defendant, from which an appeal was taken.
The facts stated in the complaint are, as it appears to us, different from those set up in the case of Hawkins v. Hawkins, 50 Cal.…
2Cases cited2 opinions
- Hawkins v. HawkinsCalifornia Supreme Court · 1875
- Richards v. DonnerCalifornia Supreme Court · 1887
3Cited by15 opinions
- O'Meara v. HaidenCalifornia Supreme Court · 1928
- Matteson v. WagonerCalifornia Supreme Court · 1905
- Meyer v. HaasCalifornia Supreme Court · 1899
- Brundy v. CanbyMontana Supreme Court · 1915
- Backus v. SessionsCalifornia Supreme Court · 1941
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