Rosen

Rosen v. Dawson

Good Law
1920 Cal. App. LEXIS 53·50 Cal. App. 238·195 P. 63
Court of Appeal of CaliforniaDecember 2, 1920Civ. No. 3302.California484 words

Opinion

Lead Opinion

James, J.

Defendants have appealed from a judgment entered in favor of plaintiff. The action was to recover the value of materials used and a profit which would have accrued to plaintiff had he been permitted to complete performance under a contract made with defendants where-under plaintiff was to construct and install certain windows and metal sash. The findings were in favor of plaintiff upon all issues tendered by his complaint. Defendants in their answer, among other matters, asserted that the windows and sash were not as contracted for. It is their claim that the findings of the court sustain their contention as to this issue, and that the judgment, therefore,' is not supported by the facts found. The appeal is presented upon the judgment-roll alone, under which we must assume that there was ample evidence to warrant the-findings as made. The finding involved in the particular contention of appellants is as follows: “5. That said windows in part were larger in size than provided in said contract; that said change was made at the request of defendants; that said labor and material furnished and said windows and casements were and are workmanlike and pur suant to, and in conformity with…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.