Crow v. Hildreth

First — The complaint, if it shows any contract, did not show a breach of the contract by appellants. A breach of the contract by the party bound to perform is an essential part of the cause of action, and must be alleged in the complaint (Brown v.Orr, 29 Cal. 122), and must be stated in unequivocal language. (Moore v. Besse, 30 Cal. 570.)

The contract stated in the complaint is not a mere agreement for a lease, but is a present lease. (Thornton v. Payne, 5 Johns. 75; Hallett v. Wylie, 3 Johns. 47; Averill v.Taylor, 8 N.Y. 44.)

The right of respondents to the possession of the premises was…