Garfield v. Knight's Ferry & Table Mountain Water Co.

Citations

• 14 Cal. 35
• 1859 Cal. LEXIS 232

Syllabus

<p>Though a pleading is not strictly proof for the party making it, still a complaint may be read to the jury to show what allegations are not denied, and hence admitted.</p> <p>Defendant can protect himself against any improper effect of this, by asking of the Court directions, limiting the effect to a particular purpose.</p> <p>Admissions of an agent, to bind the principal, must constitute part of the res gesta —that is, they must be made with reference to the subject-matter, and at the time of the act done.</p> <p>Where a paper purporting to be an admission by an agent, is attached to the complaint as an exhibit, and the answer denies the agency, the paper is not evidence until the agency is proven.</p>