21 Cal. 215 | Cal. | 1862
Field, C. J. concurring.
It was not error to deny the motion for nonsuit. The answer did not deny the sale of the cattle at an agreed price, which is the cause of action set forth in the complaint. A denial of the indebtedness, without a denial of the facts which show the existence of the indebtedness, is but a denial of a conclusion of law, and raises no issue. But the denial of the indebtedness was not sufficient under the authority of the case of Higgins v. Wortell (18 Cal. 330).
Judgment affirmed.