South Yuba Water Co. v. City of Auburn

CHIPMAN, P.

This is an action to recover the agreed price for the construction of a concrete culvert at the crossing of the street known as Railroad street, over plaintiff’s canal. The cause was tried by the court and plaintiff had judgment, from which the defendant appeals on the judgment-roll.

The court found the averments of the complaint to be true and the affirmative averments of the answer to be untrue. We have, therefore, only the sufficiency of the complaint to deal with, for it constitutes the findings of the court. The sole question is, Do the findings support the judgment?

It is found…