Williams v. Flinn & Treacy

This action was brought by plaintiff to recover commissions alleged to have been due to him from defendants, who were contractors for street work, as compensation for soliciting from owners of real property contracts to do street work.

Plaintiff recovered judgment for $1,583.18 and the defendants have appealed. The first problem to be met has reference to the sufficiency of the record presented by the appellants, respondent vigorously objecting to a consideration of the points'urged by appellants, upon the ground that said points are not presented by properly authenticated bills of exceptions. The record contains two bills of exceptions, with orders settling and allowing the same. However, several peculiarities distinguish the procedure followed by the appellants in preparing the record upon appeal. The action was tried in the superior court of the state, in and for the city and county of San Francisco, before Judge Hunt. It involved an accounting between the parties, which necessitated an investigation into transactions occurring during a long period of years. The trial judge appointed a referee “to take the evidence and report to the court his conclusion of fact thereupon. ’ ’…