Wills v. Kempt
California Supreme Court Jul 1, 1860Published
Before: Cope
Synopsis
jN suit upon an agreement under seal, the complaint setting out the agreement in licec verba need not aver any consideration for the agreement. The seal imports a consideration.
Cope, J. delivered the opinion of the Court Field, C. J. and Baldwin, J. concurring.
The objection that the complaint does not show a sufficient consideration for the agreement is not well taken. The agreement is under seal, and it is unnecessary thEit the consideration should have been expressed. The law imports a consideration from the seal, and no averment upon the subject was required. (See McCarty v. Beach, 10 Cal. 461.)
The demurrer was properly overruled, and the judgment is affirmed.
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