Swenson

The plaintiff brought this action to recover the amount of three promissory notes given by the defendant to The A. Meister Sons Company in part payment of the purchase price of thirty shares of the capital stock of that company. The only defense relied on by the defendant is that he was induced to purchase the stock by fraudulent representations made to him by the company and its agent, John Blackburn. Judgment was entered in favor of the defendant and the plaintiff has appealed.

The trial court submitted special issues to the jury, but no general verdict was returned. Appellant contends that this was error. The plaintiff did not demand a jury. At the beginning of the trial the court announced that only special issues would be submitted to the jury. Neither party made any objection to the procedure announced and therefore it must be held that the objection here urged by the appellant was waived by the plaintiff’s acquiescence at the trial. (Dyer Bros. G. W. I. Wks. v. Central I. Wks., 72 Cal. App. 202, 205 [ 237 Pac. 386 ].) The special issues seem to cover all matters in controversy and therefore the plaintiff’s rights were in no manner prejudiced by the course pursued.

It is…