Foss

Williams v. Foss

Good Law
1924 Cal. App. LEXIS 247·69 Cal. App. 705·231 P. 766
Court of Appeal of CaliforniaNovember 20, 1924Civ. No. 4248.California816 words

Opinion

lead Opinion

Conrey, J.

This is an appeal from a judgment entered against defendant, after demurrer of defendant to the amended complaint had been overruled and defendant had refused to answer. The demurrer was general, on the sole ground that the complaint did not state facts sufficient to constitute a cause of action.

The only point involved in the action which appellant offers to present for consideration is that, as she claims, paragraph four of the amended complaint is not sufficient to comply with the rule that before specific performance can be enforced against a party to a contract, it must be made to appear that he has received an adequate consideration for the contract, and that it is as to him just and reasonable. (Civ. Code, sec. 3391.) The particular fact which appellant relies upon to support her appeal is that the complaint did not contain any allegation stating the value of the land which Mrs. Stevens agreed to convey to the plaintiffs; and, therefore, that'the complaint fails to state facts whereby the court can determine whether or not the value of defendant’s property was in reasonable proportion to the consideration to be paid therefor.

The amended complaint in paragraph four reads…

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