The Complaint – Allegations in Particular Actions

Abstract

Since under the requirement of the code the complaint must state the facts constituting the plaintiff's cause of action, it is necessary in an action on a contract to set forth "the contract and its breach." This means that the plaintiff shall state consecutively the facts showing the primary right-duty relationship between the plain- tiff and the defendant-here arising from the agreement-and the defendant's breach of his duty resulting in the secondary or remedial right-duty relationship which the court is asked to recognize and enforce in the action. Here, as elsewhere, it should be the aim of the pleader to state so far as he can and so briefly as possible the specific acts of the parties, what each did, rather than the legal interpretation of these acts which he expects to ask the court to make.