Schulte v. Buben

THE COURT.

This is an appeal from a judgment of dismissal entered upon the sustaining of a demurrer to plaintiff’s third amended complaint.

The pleading alleges in substance that plaintiff contracted with defendant for the erection of a dwelling-house in Burlingame for the sum of $10,440 cash, and a certain piece of property situated in the county of Alameda; that plaintiff completed the building according to the terms of the contract and plans and specifications and received the last installment of the $10,440; that a few days thereafter, defendant tendered plaintiff a deed to the Alameda…