Muir

In this action division one of this court rendered its judgment on December 27, 1920 ( 50 Cal. App. 637 [ 195 Pac. 699 ]), upon a former appeal, directing that the judgment theretofore rendered against defendants by the superior court for the sum of $15,195.31 be modified by reducing the amount thereof by the sum of $1,442.80, leaving a balance due said plaintiff of $13,752.51, and as to said last-named sum the judgment in favor of the plaintiff was affirmed. In modifying the judgment in accordance with the opinion of the district court of appeal, division one, the trial court allowed interest on $13,752.51 from the date of the delivery of the merchandise to the defendants to the date of the entry of the original judgment.

The sole question presented upon- this appeal is as to the propriety of the allowance of interest.

The action was brought by plaintiff for the amount due to it for certain goods, wares, and merchandise furnished to defendants consisting of concrete, gravel, crushed gravel, and sand for use in the construction of Twin Peaks tunnel in San Francisco. It was found by the trial court that the material was furnished under a written contract between the parties. It…