McGuire v. Quintana

52 Cal. 427

Opinion

The offered evidence should have been received. It tended to show that nothing was due to the contractor, the Bridge Company. (Pomroy’s Rem. Rights, sec. 700; Frisch v. Caler, 21 Cal. 71; Fairchild v. Amshaugh, 22 Cal. 575.)

Harrison & McMu/rtry, for the Respondent.

A breach of contract and damages under it must be specially pleaded. (Blethen v. Blalce, 44 Cal. 117; Piercy v. ¿Sabin, 10 Cal. 22; Philips on Mechanics’ Liens, sec. 424.)

By the Court :

The answer of the defendant was a general denial—nothing more. It was not competent for him to prove, under an answer of that character, “ that the buildings- were not finished by the contractor according to the contract,” etc. (Blethen v. Blake, 44 Cal. 117.)

Judgment affirmed. Remittitur forthwith.