White v. San Rafael & San Quentin Railroad

Citations

• 50 Cal. 417

Syllabus

<p>Objections to the Answer.—If a cause is tried upon the theory that the answer denies the allegations of the complaint, the plaintiff will not be permitted to raise the objection, in the Supreme Court, that the answer is insufficient in this respect.</p> <p>Contract to Build ¡Railroad.—If a contract with a railroad company for constructing its road provides that the contractor shall not deviate from the contract, nor receive any pay for extra work, unless a written order for the same is made and signed by the engineer, the contractor cannot recover for extra work done on the verbal order of the engineer, even if there is another clause in the contract which provides that the engineer may direct alterations in and additions to the work.</p>