Farwell

Farwell v. Murray

Good Law
104 Cal. 464·1894 Cal. LEXIS 938·38 P. 199
Supreme Court of CaliforniaNovember 2, 1894No. 15598California719 words

Opinion

lead Opinion

Belcher, J.

The plaintiffs. brought this action to recover the sum of five hundred and fifty-six dollars .and forty-two cents for and on account of work done and labor performed by plaintiffs for defendant, and if or and on account of goods, wares, and merchandise sold and delivered by plaintiffs to defendant.

The defendant demurred to the complaint upon the grounds that it did not state facts sufficient to constitute a cause of action, and that it was uncertain and unintelligible, for the reason that it could not be determined therefrom how much of the sum alleged to be due was for work and labor, and how much for goods, wares, and merchandise.

The demurrer was overruled, and the defendant then answered denying the allegations of the complaint.

The case was tried by the court without a jury, and the judgment entered was in favor of the plaintiffs for the sum ©f four hundred and ninety dollars and fifty-seven cents, from which and from an order denying his motion for a new trial the defendant appeals.

There was no prejudicial error in the order overruling the demurrer. The complaint stated a cause of action, and it was not necessary to set forth the items of the account. If the defendant…

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