Roberts v. Treadwell
California Supreme Court
Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. The complaint averred that the plaintiff., at defendant’s request, sold Doane a ten-stamp battery for eight hundred and fifty dollars, and that defendant made and delivered to the plaintiff the following instrument: “ San Francisco, August, 1872. “S. P. Doane, having bought of G. D. Roberts, a ten-stamp battery, at Whisky Diggings, and agrees to pay therefor the sum of eight…
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Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. The complaint averred that the plaintiff., at defendant’s request, sold Doane a ten-stamp battery for eight hundred and fifty dollars, and that defendant made and delivered to the plaintiff the following instrument: “ San Francisco, August, 1872. “S. P. Doane, having bought of G. D. Roberts, a ten-stamp battery, at Whisky Diggings, and agrees to pay therefor the sum of eight hundred and fifty dollars, in four equal installments, every three months from this date, I hereby guarantee that the said…
1Opinion of the Court
By the Court:
The complaint did not allege that the defendant had not paid the indebtedness, for the recovery of which this action was brought. It merely averred “that the whole thereof is now due.” This defect in the complaint was pointed out by a special demurrer, which was overruled. The insufficiency of the complaint in the respect indicated was adverted to in Frisch v. Caler (21 Cal. 71).
Judgment reversed and cause remanded.
2Cases cited1 opinion
- Frisch v. CalerCalifornia Supreme Court · 1862
3Cited by8 opinions
- Penrose v. WinterCalifornia Supreme Court · 1901
- Hurley v. RyanCalifornia Supreme Court · 1897
- Tomlinson v. AyresCalifornia Supreme Court · 1897
- Ingalls v. BellCalifornia Court of Appeal · 1941
- Knox v. Buckman Contracting Co.California Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.