Sloan v. Diggins

Citations

• 49 Cal. 38

Syllabus

<p>Attaching- Contbact to an Answeb.—If the defendant justifies an alleged trespass on the plaintiff’s land, under a contract made with a superintendent of streets to grade a public street, and annexes a copy of the contract to his answer, and the plaintiff fails to file an affidavit denying the contract, its genuineness and due execution are admitted, and it is error to exclude it as evidence, when offered without proof of its execution and genuineness.</p> <p>Effect of Admission of Genuineness of Contbact.—The admission of the genuineness and due execution of a contract, a copy of which is annexed to an answer, by a failure to file an affidavit denying it, is an ad-, mission that the contract is what it purports on its face to be, and that the matters recited in it are true, and that it was executed and delivered by the parties who signed it, and in the capacity in which they appear to have acted.</p>