Nunan v. City and County of San Francisco

Citations

• 38 Cal. 689

Syllabus

<p>Pleadings—Damages—Damages, in excess of its value, for the destruction of a book, containing a subscription list, cannot he recovered, when the complaint does not allege special damage.</p> <p>Idem—There is no necessary connection between the destruction of an account-book, and the loss of a debt therein charged.</p> <p>(Jonstbuction op Pleadings—Admission.—When a complaint aUeges the value of all the property destroyed, for which suit is brought, in gross—Por some items of which no recovery can be had—an answer, which contains no denial of the averment of value, wül not he held as admitting the value of the property for which a recovery may he had.</p> <p>Pbactice—Judgment fob a Less Sum than that Admitted to be Due.—It is error to render judgment for a less sum than that which is admitted to he due by the pleadings.</p>