Knight v. Whitmore

Citations

• 125 Cal. 198
• 57 P. 891
• 1899 Cal. LEXIS 826

Syllabus

<p>Contbact Pleaded in Answer—Admission of Genuineness and Due Execution—Evidence—Authority of Agent ob Pabtneb. —The genuineness and due execution of a contract, a copy of which is fully set forth in the answer, with the signatures thereto appended, must be deemed admitted for all the purposes of the trial, if not denied by affidavit, as provided in section 448 of the Code of Civil Procedure. Such contract need not be formally offered in evidence, nor its execution proved, nor need the authority be established of an agent or partner purporting to sign the names of the plaintiffs thereto.</p> <p>Id.—Action fob Legal Services—Genuineness of Contract in Former Firm Name—Dissolution of Firm—Obligation of Remaining Partners.—In an action by two partners, to recover for legal services, where the genuineness and due execution of a written contract pleaded in the answer, which was signed in the name of a former firm, of which they were members, by a former partner, is admitted by failure to deny the same by affidavit, the plaintiffs are bound thereby individually after dissolution of the former firm, and cannot charge for subsequent services contrary to its terms, in the absence of clear proof that the written contract was displaced by a second agreement.</p> <p>Id.—Performance of Services under Contract—Pleading—Evidence-Waiver of Objection.—Where the answer pleading the contract sets out matters fairly the equivalent of an allegation that the services of the plaintiffs were performed thereunder, and evidence to that effect was admittted without objection, the absence of a formal allegation to that effect is immaterial.</p>