Lawrence

Appellant, Continental Dairy Equipment Company, a California corporation (plaintiff and cross-defendant) sued respondent Tony Lawrence (defendant and cross-complainant) for the balance due for the sale and installation of certain milking equipment. Tony Lawrence cross-complained for damages. The jury returned a general verdict against appellant and for respondent on the complaint and cross-complaint and assessed cross-complainant Lawrence’s damages at $50,000. Continental Dairy Equipment Company, a California corporation, appeals from the judgment after denial of a new trial motion.

In summary, the issues raised are whether or not the verdict as to liability, proximate cause and damages is supported by the evidence, questions involving alleged procedural errors which occurred during the taking of evidence at the trial and, finally, a contention that the trial court improperly refused to consider affidavits of jurors upon appellant’s motion for a new trial.

Appellant was engaged in supplying, installing and servicing dairy equipment. Respondent was a dairyman.

On December 13, 1967, appellant filed its action against respondent for $4,623.31, alleging three causes of…