De Witt v. Porter

13 Cal. 171 | Cal. | 1859

Terry, C. J. delivered the opinion of the Court

Baldwin, J. concurring.

The complaint in this cause sufficiently states a cause of action for money ascertained to he due, upon a statement of accounts, which, it is averred, defendant promised to pay. The demurrer was properly overruled.

It clearly appears, from the record, that the appeal is without merit. The judgment is, therefore, affirmed, with fifteen per cent, damages and costs.