Roberts v. Treadwell
California Supreme Court Jul 1, 1875 No. No. 4736Published
Synopsis
Complaint on Contract to Pat Monet.—In an action on a contract to pay money, the complaint must allege that the defendant has not paid the indebtedness for the recovery of which the action is brought. An allegation that the whole thereof is now due, is not sufficient.
By the Court: The 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).
Judgment reversed and cause remanded.
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