Wright

Wright v. Coules

Caution
1906 Cal. App. LEXIS 26·4 Cal. App. 343·87 P. 809
Court of Appeal of CaliforniaOctober 16, 1906Civ. No. 257.California1,203 words

Opinion

Concurring Opinion

Smith, J.

I concur in the judgment and in what is said in the opinion as to the first and second causes of action set out in the complaint. I am also of the opinion that the demurrer to the third cause of action was rightly sustained for the reasons stated in the opinion.

A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on December 13, 1906.

Lead Opinion

Gray, J.

This is an action for injury to the1 plaintiff’s hotel business alleged to have been caused by publications made by defendants in several newspapers. A demurrer to the amended complaint as amended was sustained and the appeal from the judgment is by plaintiff.

The questions presented relate to the sufficiency of the complaint. The amended complaint as amended purports to set out three several and distinct causes of action. In the first cause of action it is alleged in substance that plaintiff was engaged in the business of an innkeeper at the Hotel Arcadia in Santa Monica, in the county of Los Angeles, on the twenty-seventh day of August, 1904, and for that purpose had a lease of the premises extending from a date at least two years prior to said date and up to and including the date of the filing of this suit, and that such business was popular and the income therefrom was about the sum of $2,000; that at the date of the publication complained of several persons, Young, Paine, Mrs. Paine, Wilsely and Lawrence had notified the plaintiff that they were about to come to the said Hotel Arcadia and lodge or room in the said inn. It is further alleged that on said twenty-seventh day…

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