Allen

Allen v. Stellar

Good Law
106 Cal. App. 67·1930 Cal. App. LEXIS 568·288 P. 855
Court of Appeal of CaliforniaMay 26, 1930Docket No. 4099.California1,943 words

Opinion

lead Opinion

Plummer, J.

This cause is before us upon the plaintiffs’ appeal from the judgment of the trial court sustaining the defendants’ demurrer, wherein the plaintiffs sought specific performance of the following contract:

The record shows that the complaint contains the following allegations:

Other portions of the complaint contained allegations that the sum of $6,250 was a fair, just and reasonable value for said property, and that the plaintiffs have always been ready and willing to do and perform everything in said contract on their • part to be performed, and offered to deposit the sum of $5,000, or such sum as the court might adjudge to be remaining due on said contract.

To this complaint the defendants interposed a motion to strike out all those portions of the complaint appearing in paragraph II thereof, which we have quoted, which are not contained within the written agreement, and also interposed a demurrer: 1st. That said complaint does not state facts sufficient to constitute a cause of action, and 2d. That the complaint is uncertain in that it cannot be ascertained from the agreement, which was made a part of the complaint, where the property therein attempted to be described is…

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