79 Cal. 208 | Cal. | 1889
Each of the defendants demurred separately to the complaint. The court below sustained the demurrers; and plaintiff declining to amend, judgment went for defendants. Plaintiff appeals from the judgment.
There was some oral argument of the case at the January term; but there are no points and authorities or briefs on file, and we thus lack the benefit of that permanent and satisfactory method of presenting the views of counsel.
Upon an examination of the complaint, we think that the demurrers were properly sustained. It appears that the defendant Moss held (individually) a mortgage upon certain lands of plaintiff in the counties óf Monterey, Santa Cruz, and San Benito; and that plaintiff was also indebted to defendant Dodge (individually) upon a promissory note. On February 10, 1879, a written agreement was made between the plaintiff and defendants, by which plaintiff was to remove all encumbrances
The demurrers raise a great many points; but it is sufficient to say that there is no sufficient statement of the manner in which plaintiff was damaged, or that he had performed his part of the contract, and that there is a misjoinder of causes- of action and of parties defendant.
Judgment affirmed.
Sbjlrpstein, J., and Tiíokuton, J., concurred.