Frantz v. Harper

Citations

• 6 Cal. Unrep. 560
• 62 P. 603

Syllabus

<p>Judgment—Pleadings.—Where Action is Brought Under Contract to pay certain tolls, and the answer does not deny the contract, but alleges that such tolls are illegal, and the plaintiff offers evidence in support of the complaint, and no evidence is introduced by the defendant, the plaintiff is entitled to judgment on the admissions in the answer.1</p> <p>Trial—Burden of Proof.-—Where an Action is Brbught on a contract to pay certain tolls, and the answer does not deny the contract, but alleges that such tolls are illegal, the burden of establishing the illegality thereof is on the defendant.</p> <p>Trial—Finding.—Where an Affirmative Defense is Pleaded in an action, and the defendant fails to introduce any evidence, he cannot complain, on appeal, that the court did not make a finding on such defense.</p>