San Francisco Gas Co. v. City of San Francisco
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was an action of assumpsit. The complaint contains two counts: The first, to recover twenty-six thousand dollars, or thereabouts, for gas furnished for lighting the streets of San Francisco, under a contract between the city and James Donahue & Co., which was assigned to the plaintiff. This contract was before the Supremo Court, and affirmed in the case of the San Francisco Gas Company v. The City, 6 Cal.
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Appeal from the Superior Court of the City of San Francisco. This was an action of assumpsit. The complaint contains two counts: The first, to recover twenty-six thousand dollars, or thereabouts, for gas furnished for lighting the streets of San Francisco, under a contract between the city and James Donahue & Co., which was assigned to the plaintiff. This contract was before the Supremo Court, and affirmed in the case of the San Francisco Gas Company v. The City, 6 Cal. R., 190. On this count no question is now made. The second count is for gas furnished by plaintiff to defendant outside of…
1Opinion of the CourtField, J.
This case was before this Court at the last October Term, and the judgment of the Court below was then affirmed. A re-hearing having been granted, the appellants contend that they are entitled to recover the amount claimed in the second count upon the pleadings, and also upon the merits of the case, as disclosed by the report of the referee.
On the first hearing it was held by my associates that the answer was sufficient to raise an issue; and, that the rule which requires a defendant to answer positively as to the facts alleged in a verified complaint, which are presumptively within his own…
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3Cited by71 opinions
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- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
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- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
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