Solari v. Show

Citations

• 101 Cal. 387
• 35 P. 1004

Syllabus

<p>Evidence—Admission— Unverified Complaint—Harmless Error,—An unverified complaint signed alone by the attorney of plaintiff without proof that the plaintiff had any notice of its contents, is not admissible against the plaintiff as evidence of his admission of facts stated therein, or to contradict his testimony to the contrary on the trial of another case; but where it affirmatively appears from the record upon appeal that defendant could not have been injured by its admission, a judgment against him will not be reversed for such error.</p> <p>Id.—Deed by Assumed Attorney in Fact—Notice to Purchaser.— Where a deed purporting to be from the plaintiff to the defendant of the property in question, was signed by one of the grantors as the assumed attorney in fact of the plaintiff, he having no authority to execute it for the plaintiff, such deed is of itself sufficient to charge the defendant with notice of the character and extent of plaintiff’s interest in the property, and of such pretended relation of agency, at and prior to the purchase of the property by the defendant, and he takes it subject to plaintiff’s interest therein.</p>