C. O. Bashaw Co. v. Wood & Stevens, Inc.

The trial court, sitting without a jury, awarded the plaintiff a judgment as for moneys laid out and expended by plaintiff’s assignor in behalf of defendant. The defendant has appealed under section 953a of the Code of Civil Procedure.

The story as recited in the findings is told first by affirmative allegations in response to the first count contained in plaintiff’s complaint, which is a common count as for moneys laid out and expended. The story is told again by affirmative findings in response to the second count pleaded in the complaint which purports to plead the facts. The latter findings are (1) that the plaintiff is a corporation; (2) that the defendant is a corporation; (3) That Herbert B. Gray Co. is a corporation; (4) that on August 7, 1919, the defendant requested Herbert B. Gray Co. to accept from defendant 574 fifty-pound boxes 100/120 prunes and consigned the same to Gray’s correspondents in London and that Gray consented to do so without making any charge for his services; (5) that Gray thereupon consigned the prunes to Crichton, London; (6) and that the defendant furnished to Gray a description of the goods which Gray accepted and on which Gray offered the goods…