Redhead
Redhead v. Payne
Opinion
Lead Opinion
Lennon, J.
This is an appeal by defendant from a judgment directing 'the sale of land described in the complaint. The defendant demurred to the complaint; the demurrer was overruled; defendant declined to answer and the judgment went by default. Defendant contends that no cause of action is stated in the complaint. The complaint sets forth that between November, 1912, and January, 1915, plaintiff and defendant were the owners, as tenants in common, of certain lands in Biverside County; that this property was operated at a loss; that the defendant was financially,unable to pay his share of operating said property and plaintiff was obliged to advance and did advance over five thousand two hundred dollars more than defendant in its management and for its protection; that on January 14, 1915, defendant being unable to meet his share of the costs and expenses of the future operation of said Biverside property, the same was traded for certain land in Fresno County, which is the land involved in this action. In order to complete such trade, plaintiff was compelled to pay five thousand dollars bonus and $269 as costs and expenses; that before making such trade it was verbally agreed that the title…