Associated Sales Co. v. Elmer E. Frost & Co.

is an appeal from a judgment in plaintiff’s favor. The cause of action as joined involved an accounting between the parties, and the trial court referred the matter to a referee, to he “heard, tried and determined”. Pursuant to this order, hearings were had and the referee made and filed her report and findings with the court. Thereafter, and on the date fixed for the hearing of said referee’s report, appellants presented to the court exceptions to said report, and after a hearing thereon, the court refused to modify the referee’s report and ordered judgment in accordance therewith. Appellants state their position on this appeal in the following language: “The defendants appeal from said judgment, and ask for a review by this Court of the trial Court’s action in refusing to modify the Referee’s report.” Although the record presented here is somewhat meager, there can be no doubt, after an examination of the order of reference, and the report and findings of the referee, that the order of reference was general in its nature, and under the provisions of section 644 of the Code of Civil Procedure, “The finding of the referee or commissioner upon the whole issue must stand as the…