Kuhn

The plaintiffs commenced an action against the defendant to recover a judgment for damages alleged to have occurred by reason of false representations alleged to have been made by the defendant in the sale of a restaurant. The defendant interposed an answer and cross-complaint and asked a judgment for the balance due on two promissory notes evidencing the unpaid balance on the purchase. The trial court awarded the cross-complainant a judgment as prayed for and the plaintiffs have appealed.

The first point made by the appellants is a contention to the effect that many of the allegations contained in the plaintiffs' complaint were not denied in the answer of the defendant. The contention is advanced at a date that is far too late. When the defendant’s answer was interposed no objection of any kind or nature was made to its form. When the case was called for trial the attorney for the plaintiffs commenced the trial of the ease by reading to the trial court the plaintiffs’ complaint. Thereupon the attorney for the defendant stated to the trial court, “We have set up an answer denying each and every allegation of the complaint. ...” To that statement no objection was made. Immediately…