Willett

Willett v. Schmeiser Manufacturing Co.

Good Law
1927 Cal. App. LEXIS 683·82 Cal. App. 249·255 P. 529
Court of Appeal of CaliforniaApril 8, 1927Docket No. 5788.California1,611 words

Opinion

Lead Opinion

Sturtevant, J.

— The plaintiffs commenced an action to recover a judgment for moneys loaned. The defendants appeared separately and answered. The Schmeiser Manufacturing Company in its answer set up a counterclaim in three different counts. A trial was had before the trial court sitting without a jury. Findings were made in favor of the plaintiffs on their two separate causes of action, and in favor of the defendant the Schmeiser Manufacturing Company on its counterclaim, and against the plaintiffs and in favor of the defendant T. G. Schmeiser. A judgment was entered in accordance with the findings and the plaintiffs have appealed on the judgment-roll. The appellants enumerate sixteen alleged errors. They may be classified as follows: (1) That the trial court erred in overruling their demurrer to the counterclaim of the defendant corporation; (2) in failing to make certain findings; (3) that it made certain findings outside of the issues; (4) that certain findings contradicted the pleadings; (5) that certain findings are conflicting; (6) that the findings do not support the judgment, and (7) that the judgment in favor of the Schmeiser Manufacturing Company should not have included interest prior…

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