Fisher v. Pearson

California Supreme Court

Fisher v. Pearson

48 Cal. 472, 1874 Cal. LEXIS 182

CourtCalifornia Supreme Court

DecidedJuly 1, 1874

DocketNo. 4,214

StatusPublished

Cited by1 cases

This text of 48 Cal. 472 (Fisher v. Pearson) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fisher v. Pearson, 48 Cal. 472, 1874 Cal. LEXIS 182 (Cal. 1874).

Pincite

Opinion

By the Court:

The complaint is radically defective and insufficient to support the judgment.

There is no sufficient, nor indeed any, breach of the first agreement set forth in the complaint. As to the supplemental agreement, there is no averment that the plaintiff has not made himself personally liable for each of the items of account contained therein; and if he had in fact made himself personally liable therefor, he could not recover by reason of anything contained in that agreement.

Judgment reversed and cause remanded.

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By the Court:

The complaint is radically defective and insufficient to support the judgment.

There is no sufficient, nor indeed any, breach of the first agreement set forth in the complaint. As to the supplemental agreement, there is no averment that the plaintiff has not made himself personally liable for each of the items of account contained therein; and if he had in fact made himself personally liable therefor, he could not recover by reason of anything contained in that agreement.

Judgment reversed and cause remanded.

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Bluebook (online)

48 Cal. 472, 1874 Cal. LEXIS 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-pearson-cal-1874.

Opinion

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