50 Cal. 520
Decided July 1, 1875
California Supreme Court · decided 1875-07-01
The complaint averred that the plaintiff., at defendant’s request, sold Doane a ten-stamp battery for eight hundred and fifty dollars, and that defendant made and delivered to the plaintiff the following instrument: “ San Francisco, August, 1872. “S. P. Doane, having bought of G. D. Roberts, a ten-stamp battery, at Whisky Diggings, and agrees to pay therefor the sum of eight hundred and fifty dollars, in four equal installments, every three months from this date, I hereby…
Relies on Frisch v. Caler
Good law ✅— No negative treatment on recordhow we know
Decided 1875-07-01
Cited by 9 later decisions — most recently March 1941
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The complaint did not allege that the defendant had not paid the indebtedness, for the recovery of which this action was brought. It merely averred “that the whole thereof is now due.” This defect in the complaint was pointed out by a special demurrer, which was overruled. The insufficiency of the complaint in the respect indicated was adverted to in Frisch v. Caler (21 Cal. 71).
¶2Judgment reversed and cause remanded.