Ullrich v. Santa Rosa Nat. Bank

Citations

• 4 Cal. Unrep. 741
• 37 P. 500

Syllabus

<p>Parties.—In an Action to Recover Money Deposited by plaintiff with defendant under an agreement that it is to be paid to a third person on condition that the latter deliver a deed to plaintiff within a certain time, such person is not a necessary party.</p> <p>Appeal—Presumption.—Where, on Appeal, the Record Does not Contain the evidence, and findings of fact were waived, it will be presumed that the allegations of the complaint were proven, and that the affirmative allegations in the answer were not.</p>