I concur in the judgment upon the ground that the original answer of the defendant, having been superseded by an amended answer, was not admissible in evidence on behalf of the plaintiff. (Ponce v. McElvy, 51 Cal. 222; Mecham v. McKay, 37 Cal. 154; Morris v. Lachman, 68 Cal. 109.) Upon the other questions discussed, I express no opinion.