Lataillade v. Santa Barbara Gas Co.
Synopsis
Complaint—Pleading—Justice’s Court.—-The complaint in this case (set out below) held to be sufficient.
Landlord and Tenant—Estoppel.—The defendant upon the facts found held to be estopped to deny the title of the plaintiff.
The Court: The complaint filed in the Court of the Justice of the Peace was sufficient to uphold a judgment by the Justice, and sufficient in the absence of special demurrer to sustain the judgment of the Superior Court. (Carroll v. Carghill, 4 Cal. 121; O’Callahan v. Booth, 6 id. 63; Leining v. Gould, 13 id. 598; Stuart v. Landers, 16 id. 372; Watson v. Whitney, 23 id. 375.) As defendant entered by permission of plaintiff, he is estopped from denying her title. (Tewksbury v. Magraff, 33 Cal. 237; Bigelow on Estoppel, 350 and 381.) The judgment is for thirty-six dollars. Appellant argues with some elaboration (but we are not completely convinced) that this is about five dollars too much.
Judgment affirmed.
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