Kashiki

Kashiki v. California Growers & Shippers, Inc.

Good Law
53 Cal. App. 410·200 P. 357
Court of Appeal of CaliforniaJuly 5, 1921Civ. No. 3426.California1,262 words

Opinion

Lead Opinion

Works, J.

This is an action for an accounting under the operations of the parties pursuant to two contracts between them. The contracts had to do with the growing and marketing of melons and lettuce, plaintiff contracting as a grower of such products and defendant as a concern en- . gaged in marketing them. The accounts of the transactions between the parties were kept in the books of defendant. Plaintiff had judgment for $2,254.60 and defendant appeals.

An item of $1,000, included in the amount for which judgment was rendered, was allowed respondent upon the theory that appellant had made a double charge against him, in that amount, on its books. Appellant contends that there was no sufficient evidence of the double charge and that the trial court erred in allowing the item. The point must be resolved, almost wholly upon the testimony of the president of appellant, who was the only witness sworn in the case. Both parties argue the question upon the basis of that testimony, pointing, in support of their respective claims, to various statements made by the president. Appellant, it is true, refers to the books as having been introduced in evidence, but reproduces in its brief no entries from…

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