Reyntiens

Reyntiens v. J. W. Treadwell Realty Co.

Good Law
1913 Cal. App. LEXIS 14·22 Cal. App. 314·134 P. 333
Court of Appeal of CaliforniaJune 12, 1913Civ. No. 1224.California1,252 words

Opinion

lead Opinion

Hall, J.

This is an appeal from a judgment and order denying appellants’ motion for a new trial.

The complaint is in the common form to recover the sum of $533.50, money had and received by defendants for the use and benefit of plaintiff.

The action was dismissed as to defendants Abrahamson Bros. & Co. and Joseph Baer before issue joined.

Appellants, besides denying the allegations of the complaint, set up two counterclaims aggregating the sum of $533.50, for which amount they prayed judgment against plaintiff. The court found all the issues in favor of plaintiff, and entered judgment accordingly.

As to the counterclaims we do not understand that appellants contend that the findings of the court as to them are not fully sustained by the evidence. Certainly no just cause appears for any such contention.

Appellants do contend, however, that the evidence does not support the findings made upon the issues made by the allegations of the complaint and the denials thereof, and also that the court should have sustained their motion for a nonsuit made at the close of the plaintiff’s case.

That the evidence shows that appellants had received and had in their possession the sum of $533.50,…

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