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Plaintiff contract party sought review of a judgment

Plaintiff contract party sought review of a judgment of the Superior Court of Los Angeles County (California), which sustained defendant other contract party’s demurrer to plaintiff’s breach of contract complaint and dismissed his suit.

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Overview

Plaintiff contract party brought a breach of contract suit against defendant other contract party for refusal to convey a property to him. The trial court sustained defendant’s demurrers to plaintiff’s allegations, and when plaintiff failed to amend his complaint, the trial court dismissed plaintiff’s suit. On appeal, the court affirmed, holding that plaintiff failed to properly plead his damages recoverable under the contract. The court held that a contract provision limited the amount of damages only, but did not serve as definite liability. The court held that plaintiff alleged only conclusions, not facts to support those conclusions, and thus, the case was properly dismissed.

Outcome

The court affirmed the order and judgment sustaining defendant other contract party’s demurrers to plaintiff contact party’s breach of contract complaint, and dismissing plaintiff’s suit. Plaintiff alleged only conclusions, not facts to support those conclusions. Having failed to amend his complaint after being given an opportunity to do so, the suit was properly dismissed.

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