Legal Opinion

McIntyre v. Hauser

California Supreme Court

Decided December 19, 1900No. L.A. No. 757PublishedCited by 49 opinions

The facts are stated in the opinion of the court.

1Opinion of the CourtGaroutte, J.

In this action a general and special demurrer was sustained to the complaint, and, the plaintiff declining to amend, judgment went against him. The suffidency of the complaint is the question before the court. In passing upon this question all ambiguities and uncertainties found in the pleading will be construed against the pleader.

The facts are these: James Brown owned a herd of cattle upon which third parties held a chattel mortgage. Brown sold these cattle to the defendant, the sale being evidenced by a contract in writing. To this contract was appended a written statement to the effect…

2Cases cited3 opinions

  1. Maier v. FreemanCalifornia Supreme Court · 1896
  2. Walling v. Miller & Co.California Supreme Court · 1860
  3. Pope v. HuthCalifornia Supreme Court · 1859

3Cited by49 opinions

  1. Kinnison v. Guaranty Liquidating Corp.California Supreme Court · 1941
  2. Goldman v. MurrayCalifornia Supreme Court · 1912
  3. Metzenbaum v. MetzenbaumCalifornia Court of Appeal · 1948
  4. First National Bank v. Pomona Tile Manufacturing Co.California Court of Appeal · 1917
  5. First National Bank v. ThompsonCalifornia Supreme Court · 1931

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