Fox

The facts in this case were fully recited in the opinion given upon a former appeal (Fox v. Hale etc. Min. Co., 108 Cal. 369 ), and need not be repeated. Under the complaint a recovery is sought from the appellants in behalf of the corporation upon two distinct claims or causes of action, one for the difference between the amount paid by the corporation for the milling of the ores and the actual cost thereof, and the other for damages sustained by reason of imperfect and fraudulent milling of the ores. At the former trial of the cause, the superior court found that upon the first of these claims the corporation had paid $210,197.50 for milling the ores in excess of the actual cost thereof, and that upon the other cause of action it had sustained damage to the amount of $789,618, and rendered judgment against the appellants for these amounts. Upon the appeal therefrom this court affirmed the decision of the superior court upon the first issue, but reversed its decision upon the second, and remanded the cause with directions to the superior court to enter a judgment against the appellants herein, as of the date of its former judgment, for the amount of $210,197.51 *221 with interest…