CARPENTER v. SMALLPAGE (1934)

In the above-entitled action it is hereby ordered that the following portion of said opinion be stricken out: “Fraud is never presumed. Whenever fraud constitutes an element of a cause of action or defense which is of an affirmative nature the facts must be alleged. One against whom charges of fraud are made is entitled to averments of the acts of which he is accused, so that he may admit or deny them.' 12 Cal. Jur. 800.' And in lieu thereof the following be inserted in said opinion: ‘Burris v. Adams, 96 Cal. 664, 667, 668, 31 P. 565; Maison v. Puntenney, 212 Cal. 134, 137, 298 P. 33.)’

PER CURIAM.