Kinney v. Osborne

Citations

• 14 Cal. 112

Syllabus

<p>In a suit on a note, the complaint containing the note, or a copy, a denial of indebtedness, is no denial at all.</p> <p>Suit on note for the purchase of land. Answer set up, that the note was given for the land, fencing, and building materials; that plaintiff falsely represented, that there was building material for building a barn—that this material was so insufficient in quantity that it cost defendant six hundred dollars to buy more, etc. There were some averments as to the rotten condition of fences, which plaintiff represented to be good. BMd, that defendant, having taken possession under the contract, and retaining it, cannot set up representations, fraudulent, or otherwise, as to fences, they being, in this case, part of the freehold. JETdd, further, that, a special demurrer being put in to the answer, it sets up no defense as to the building material, because neither quantity, nor value, is given. Plaintiff is responsible, not for what defendant paid for lumber, but for the value of lumber, contracted for, and not delivered, and this, at the time of contracting.</p> <p>The answer is also fatally defective in not charging the representations to have been fraudulently made, or that there was a warranty of some particular quantity of lumber.</p>