Krigbaum

Krigbaum v. Sbarbaro

Caution
1913 Cal. App. LEXIS 372·23 Cal. App. 428·138 P. 364
Court of Appeal of CaliforniaDecember 4, 1913Civ. No. 1164.California2,733 words

Opinion

Lead Opinion

This is an appeal from a judgment entered upon an order sustaining a demurrer to the second amended complaint, without leave to amend. The demurrer is both general and special, and thus the complaint is challenged not only for want of sufficient facts, but upon the ground that it is ambiguous, uncertain, and unintelligible. The object of the action is to obtain judgment for damages alleged to have been inflicted upon the plaintiff by the defendants by wrongfully and fraudulently, so it is charged, preventing him from consummating the sale of certain real property, devoted to the growing of wine grapes, for which sale the owner of said property agreed to pay him, as compensation, the sum of twenty-five thousand dollars. The complaint, which is a voluminous pleading, first alleges that the plaintiff has been, for many years prior to, and was, at the time of the commencement of this action, engaged in the business of buying, selling, and dealing in real estate, in this state; that the defendants are and for a long time have been stockholders in the Italian-American Bank, a corporation *Page 430 engaged in the banking business in the city of San Francisco; that both said bank and the…

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