Ross
Ross v. McCarthy
Opinion
Lead Opinion
Waste, J.
The defendant appeals from a judgment against Mm in an action brought by plaintiff for himself, and as assignee of nine others, to recover from defendant balances alleged to be due on account from defendant to plaintiff, and his assignors, for berries sold. The appeal is on the judgment-roll alone. Each of the ten causes of action set out in the complaint is in the form of a common count for berries sold and delivered to the defendant at the contract price of $125 per ton, with appropriate allegations as to the amounts paid and unpaid, by reason of each particular transaction. The answer traversed the allegations of the complaint, other than admitting that the defendant purchased berries during the year 1918 from plaintiff and his various assignors, for the price of $75 per ton, and alleged that defendant paid that amount for all the berries purchased. Judgment was entered for the plaintiff in accordance with each of the counts in the complaint.
Appellant seeks a reversal on the ground that the findings are too indefinite and uncertain to sustain the conclusions of law or the judgment. His point may be illustrated by referring to the finding as to the first cause of action, which…