King
John Breuner Co. v. King
Opinion
Lead Opinion
Kerrigan, J.
This is an action to foreclose a chattel' mortgage given by defendant to plaintiff. The case was tried before an advisory jury, a decision was rendered in favor of plaintiff, and a decree of foreclosure was entered. From the judgment and from an order denying her motion for a new trial the defendant prosecutes this appeal.
Appellant urges that the court erred in not sustaining her demurrer to the complaint, on the ground that the complaint is uncertain in that it fails to sufficiently describe the property, either in the body of the complaint or in a copy of the-mortgage attached thereto as an exhibit and made a part thereof. We cannot agree with this contention. A description of the chattels mortgaged is contained both in the complaint and in the mortgage, and is in the following terms: “All the furniture, upholstery, carpets, draperies, chinaware- and other household goods of every kind, located and contained in and about that certain building, in said City and County of San Francisco, known as the ‘Haddon Hall Apartment House, ’ and also known as No. 951 Eddy street, said building being situated on the lot on the south side of Eddy street, 68 feet 9 inch front, 120 feet deep,…