Clark v. Child

Citations

• 66 Cal. 87
• 4 P. 1058
• 1884 Cal. LEXIS 693

Syllabus

<p>Pleading—Answer.—'Written Release—Admission op Genuineness—Estoppel.—Where a defendant sets forth in his answer a written release as a bar to the plaintiff’s cause of action, and on the trial introduces evidence showing that such release had never been delivered, he is estopped from ■ claiming the benefit of the admission arising out of the plaintiff’s failure to deny by affidavit the genuineness and due execution of the instrument.</p> <p>Written Instrument—Execution—Delivery:—The execution of a written instrument includes its delivery.</p> <p>Instructions—Reversal.—A judgment will not be reversed for an error in the giving or refusing of instructions, if the losing party could not have been prejudiced thereby.</p>