Wood
Wood v. Tomlinson
53 Cal. 720
Supreme Court of CaliforniaJuly 1, 1879No. 6388California69 words
lead Opinion
The third instruction given at the request of the plaintiff assumes the fact that the plaintiff delivered all the hogs to the defendant, and in that respect it is erroneous, so far as it relates to the number in excess of that which is admitted by the answer to have been delivered to the defendant.
*721 Judgment and order reversed, and cause remanded for a new trial. Remittitur forthwith.