HEMET VALLEY GROWERS v. PARSSINEN

Reset A A Font size: Print

District Court of Appeal, Fourth District, California.

HEMET VALLEY GROWERS, Inc. v. PARSSINEN et al.

Civ. 3858.

Decided: February 07, 1949

Robert M. Wiley, of Hemet, for appellants. Gerald A. Coxe, of Hemet, for respondent.

On petition for rehearing it is contended that the pleadings, properly construed, disclose no admission through a failure to deny. The answer admitted that the services alleged in the complaint were furnished, but alleged that another was responsible for a portion of them. The case was tried on this theory. If those portions of the opinion which refer to an admission in the pleadings were to be eliminated it would in no way affect the result.

The petition for a rehearing is denied.

PER CURIAM.