Electric Improvement Co. v. San Jose & Santa Clara Railroad

Citations

• 3 Cal. Unrep. 618
• 31 P. 455

Syllabus

<p>Verdict—Specifying Amount—Costs.—Code of Civil Procedure, section 626, provides that where a defendant establishes a claim for the recovery of money, in an action for the recovery of money, greater than the claim established by plaintiff, the jury must find the amount of the recovery. Held, that a verdict for defendant “for its costs” is not within the meaning of the statute, because such a verdict is for costs only, and there is no recovery by either party.</p> <p>Contract—Action for Services—Evidence.—In an action to recover for services by plaintiff in constructing an electric railroad for defendant, and for damages by reason of defendant’s failure to perform its part of the contract, defendant set up by way of counterclaim that plaintiff had abandoned the contract before completing the road, and it appeared that the road had been sold in an uncompleted state. Held, that evidence of the price for which it was sold Was inadmissible, since such evidence would not affect the amount of damages defendant would be entitled to by reason of plaintiff’s failure to complete the road.</p>