Merguire v. O'Donnell

Citations

• 103 Cal. 50
• 36 P. 1033
• 1894 Cal. LEXIS 718

Syllabus

<p>Action For Deceit — Breach ob Warranty — Instructions—Caveat Emptor.—In an action to recover damages for deceit and fraudulent representations upon a sale of horses, and for a breach of warranty as to their soundness, instructions enunciating the law as to the doctrine of caveat emptor are inapplicable to the case, and are properly refused.</p> <p>Appeal—Review of Instructions.—Where the court, upon its own motion, instructed the jury upon the issues made in the case it is not error to refuse instructions asked which were covered by those given; and, where no objection or exception was made to the instructions given, they are not the subject of review.</p> <p>Pleadings—Admissions.—A fact alleged in the complaint, and not denied by the answer, becomes an admitted fact in the case.</p>