Goldman v. Bashore

Citations

• 80 Cal. 146
• 22 P. 82
• 1889 Cal. LEXIS 880

Syllabus

<p>Pleading—Answer—Cross-complaint—Judgment on Pleadings.—A portion of an answer introduced in the following language: “And for a further and separate answer the defendant files her cross-complaint, and alleges,” etc., —does not constitute a cross-complaint, or entitle the defendant to a judgment on the pleadings for failure of the plaintiff to answer thereto.</p> <p>Bill of Exceptions — Instruction.—The embodying of an instruction in the specifications of error at the end of the body of the statement or bill of exceptions, reciting that the court erred in instructing the jury as follows, etc., cannot be considered as evidence that the court granted such instruction.</p> <p>Assumpsit — Contract to Deliver Wood—Evidence—Unsigned Letter. —In an action of assumpsit for goods sold and money paid out and advanced for defendant, where the defendant pleads a special contract to deliver a quantity of wood to plaintiffs, which plaintiffs refused to receive, and the proof shows that the refusal only applied to wood for which an order was given upon a third party, an unsigned letter forbidding plaintiffs to take that wood, which there was evidence tending to show had been sent to plaintiffs by the attorney of such third person, is admissible for plaintiffs as tending to show that they were not at fault for not taking such wood as part of defendant’s delivery.</p> <p>Exclusion of Repeated Evidence.—The court may properly refuse to allow a party to again testify to what he has already testified to.</p>