Roberts v. Treadwell

         OPINION          By the Court:

         The complaint did not allege that the defendant had not paid the indebtedness, for the recovery of which this action was brought. It merely averred " that the whole thereof is now due." This defect in the complaint was pointed out by a special demurrer, which was overruled. The insufficiency of the complaint in the respect indicated was adverted to in Frisch v. Caler (21 Cal. 71).

         Judgment reversed and cause remanded.