Kalkman v. Baylis

Citations

• 23 Cal. 303

Syllabus

<p>The complaint contained three counts. The first, on a special contract for the erection of a warehouse; the second, for extra work on the building; and the third, for work and labor done, and materials furnished in its erection. The answer denied the allegations of the first two counts; but failed to deny the allegations of the third.</p> <p>The parties stipulated that the evidence should be taken by a referee, and the cause tried before the Court on the evidence. The Court, instead of finding the facts from the evidence, found the allegations of the third count' correct, becaus6 not denied.</p> <p>Held, that this was error, and that the Court should have regarded the allegations of the third count as denied, and found the facts from the evidence.</p>