Jacuzzi
Jacuzzi v. Jacuzzi
Opinion
Lead Opinion
James, J.
Plaintiff sued defendants for a sum of money, alleging that the debt was incurred by defendants for work and labor performed at defendants’ request. Appellant Remington filed an answer denying the indebtedness, and also a cross-complaint, to which plaintiff made denial. The court found that plaintiff was entitled to recover, and ren-. dered judgment accordingly. This appeal was taken from the judgment and is presented on the judgment-roll alone. ■ The contentions of appellant are that the court failed to find on the issue as to the nonpayment of the plaintiff’s claim, and also failed to make particular findings on the issues presented by the cross-complaint. It is true that the court failed to make a finding as to the nonpayment of the debt, merely finding that within two years before the commencement of the action labor and services were rendered by plaintiff at the special instance and request of appellant, and that the reasonable value thereof was a certain sum, stating it. The complaint was sufficient in its allegation as to nonpayment and the answer took issue with it as to that fact. The allegation of nonpayment made in the complaint was essential to the statement of a good…