St. Regis Paper Co. v. Santa Clara Lumber Co.

After notice of motion to cancel the Us pendens was served, the counsel for the respective parties, by voluntary consent, appeared to try the action. Before any proof was given counsel for the defendants moved for the dismissal of the complaint upon the merits, on the ground that taking the allegations of the complaint as true, no equitable relief can be had, and no common-law demand for damages is prayed for. The motion assumes it to be true, as claimed by the plaintiff, that, on the 29th of August, 1899, it agreed to sell and deliver to the plaintiff from eleven to thirteen thousand cords…