Capuro v. Builders' Insurance

Citations

• 39 Cal. 123

Syllabus

<p>Pleading.—Fbaud. —When a party relies upon fraud, either to support his cause of action or in defense, he must set up the facts which constitute the fraud.</p> <p>Idem.—Instbuctions by the Couet. — In an action on a policy of insurance, to recover for a loss occasioned by fire, if the question whether the plaintiff caused the building to be burned was not one of the issues made by the pleadings, it is error for the Court to instruct the jury they could find against the plaintiff on that ground.</p>