Greenebaum

Greenebaum v. Taylor

Good Law
102 Cal. 624·1894 Cal. LEXIS 698·36 P. 957
Supreme Court of CaliforniaJune 5, 1894No. 15251California396 words

Opinion

lead Opinion

McFarland, J.

This is an action to recover the value of certain personal property alleged to have been converted by defendants. The verdict was for plaintiffs in the sum of four hundred and seventy-five dollars, for which sum they had judgment. Defendant appeals from the judgment, and from an order denying a new trial.

The demurrer to the complaint was properly overruled. It was upon the ground that the complaint “ is ambiguous, unintelligible, and uncertain,” for the reason that it does not contain a sufficient description of the property sued for. It is clearly not ambiguous or unintelligible; therefore, if it were uncertain as to description, the demurrer did not reach it. (Kraner v. Halsey, 82 Cal. 209 ; White v. Allatt, 87 Cal. 245 .) We think, however, that the description is sufficient.

The property in suit consisted of “ bar fixtures” put by respondents into a saloon on premises owned by a third party, and appropriated and converted by appellant; and whether, as between the owner of the building and respondents, they could have been removed by *627 the latter, is a question which does not arise here. Appellant removed part of the property, detached other parts of it and removed them…

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