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eBook details

• Title: Tiedje v. Aluminum Taper Milling Co.
• Author : Supreme Court Of California
• Release Date : January 04, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Plaintiff appeals from a judgment of dismissal entered upon the sustaining of demurrers to his third amended complaint without leave to amend. Said amended complaint contains three counts: (1) for declaratory relief; (2) to quiet title; and (3) for voiding an illegal sale of stock. However, these counts rely upon the same facts as the basis for plaintiffs claimed right to recover certain corporate stock and accordingly, they will be treated as one. (Stephan v. Obersmith, 48 Cal. App. 2d 199, 202 [119 P.2d 388]; also Ephraim v. Metropolitan Trust Co., 28 Cal. 2d 824, 833 [172 P.2d 501].) Both general and special demurrers were interposed. But in view of the denial of leave to amend, the grounds of special demurrer need not be considered here, for the determinative question is the sufficiency of plaintiffs complaint against general demurrer. (Maguire v. Hibernia Sav. & Loan Soc., 23 Cal. 2d 719, 737 [146 P.2d 673, 151 A.L.R. 1062]; Columbia Pictures Corp. v. DeToth, 26 Cal. 2d 753, 762 [161 P.2d 217, 162 A.L.R. 747].) Plaintiff properly maintains that the allegations of his third amended complaint are sufficient against the general demurrer, and the trial court therefore erred in its ruling.

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