Lane

Lane v. Williams

Caution
156 Cal. 269·1909 Cal. LEXIS 320·104 P. 801
Supreme Court of CaliforniaSeptember 15, 1909L.A. No. 2280.California1,143 words

Opinion

Lead Opinion

Melvin, J.

Plaintiff who is appellant here,' filed complaints to which demurrers were successively interposed and sustained. To his fourth amended complaint the demurrer was sustained without leave to amend, and judgment having been entered according to that ruling, he takes this appeal from said judgment. Appellant has endeavored to plead three causes of action in his fourth amended complaint. In the statement of the first one it is alleged that defendants, who were husband and wife, conspired together to cheat and defraud plaintiff, by inducing him, through certain false representations, to purchase from them the whole of, or a half interest in a certain dairy; that some of the property used in the conduct of said dairy was not owned by Williams and his wife, and that the rest of it was mortgaged for nearly, if not quite, its full value; that in pursuance of their conspiracy the defendants communicated to a Mrs. Bense, who, in turn, conveyed information of the supposed facts to appellant, a false statement with reference to the title of defendants to the property, the net profits of the business, and other matters which are enumerated in the pleadings. It is also set forth that, at a later…

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