Opinion
Department One
Appeal from a judgment of the Superior Court of the city and county of San Francisco.
COUNSEL
Smith & Murasky, and James F. Smith, for Appellants.
Charles S. Wheeler, for Respondent.
OPINION
THE COURT This is an appeal from the judgment, and the case comes before us on the judgment roll alone.
The complaint states a cause of action. We have to presume, in the absence of findings, that they were waived, there being nothing in [28 P. 45] the record to show affirmatively that they were not waived, and the judgment does not grant any relief in excess of that which was demanded in the complaint.
The judgment is therefore affirmed.