California, United States of America
The following excerpt is from MacIsaac & Menke Co. v. Cardox Corp., 14 Cal.Rptr. 523, 193 Cal.App.2d 661 (Cal. App. 1961):
Defendants attack several of the court's findings, claiming they are not supported by the evidence. One finding states that plaintiff is a licensed contractor. Defendants claim that even though plaintiff alleged that it is a licensed contractor, there was no proof of such fact. The allegation was not denied. Also, defendant admitted that plaintiff was a licensed contractor in its pre-trial statement. It is elementary that failure to deny is an admission of the fact alleged. Fuentes v. Tucker, 31 Cal.2d 1, 4-5, 187 P.2d 752.
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