Johnson v. Powers

Citations

• 65 Cal. 179
• 3 P. 625
• 1884 Cal. LEXIS 485

Syllabus

<p>Equitable Action—Special Verdict__In an action to foreclose a mortgage of personal property, the findings of the jury may he treated by the court as advisory only. The court may set aside the verdict and find the facts.</p> <p>Equitable Action—Impeachment of Witness—Amended Complaint.—By the verification of a complaint, the plaintiff makes its statements his own. If an amended complaint is filed, the original ceases to be a pleading, and its aver'ments cannot be used to disprove those of the amended pleading. But when a plaintiff is a witness at the trial, the averments of the original complaint, inconsistent with his testimony, may be introduced upon cross-examination, for the purpose of impeachment.</p> <p>Warranty—Written Agreement—Parol Evidence.—When there is a written agreement for the sale of personal property, containing the terms and conditions of a complete contract, it will be presumed to express all the terms of the agreement between the parties, and parol evidence is inadmissible to show the existence of a warranty not expressed in the contract.</p>