Russel v. Amador

Citations

• 3 Cal. 400

Syllabus

<p>On a bill for specific performance defendant alleged fraud in the contract sued upon, but admitted payment of the consideration-money under protest affirming the fraud. Held, that the receipt of payment was no waiver of the defence and that defendant was not estopped from showing the fraud, and that it was error in the court not so to instruct the jury when requested.</p> <p>The court must give or refuse the instructions asked for, and no modification which altéis the meaning or might mislead the jury can be substituted.</p>