Wood v. Tomlinson
53 Cal. 720
Cal.
1879
Check Treatment
By the Court :

The third instruction given at the request of the plaintiff assumes the fact that the plaintiff delivered all the hogs to the defendant, and in that respect it is erroneous, so far as it relates to the number in excess of that which is admitted by the answer to have been delivered to the defendant.

*721Judgment and order reversed, and cause remanded for a new trial. Remittitur forthwith.