Hawkins v. Borland

Citations

• 14 Cal. 413

Syllabus

<p>Where plaintiff avers defendant is indebted to him for cattle sold and delivered, and the answer denies the averment, defendant may show anything disproving the contract as averred; as, that another party, who in fact sold the cattle, sold them as his own and not as agent of plaintiff, or, that defendant was not to pay until the cattle were fattened and slaughtered.</p> <p>Such proof is not new matter; nor does Pierey v. Sabin, (10 Cal. 30,) so hold.</p>