Hearn v. Gower

1. A declaration alleging that the contract, the breach of which is the wrong complained of, was made by the defendant as agent, without niore, is amendable by striking the word “agent” therefrom. Such contract is the individual undertaking of the maker. Civil Code, § 2998’.

2. A sued B for damages arising from breach of contract. The declaration alleged, that B made a contract with A, by the terms of which A was to erect five houses for B at the stipulated price of $275; that B “without cause or justification did break said contract, and that by reason of B’s refusal to comply with his…