Faulkner

This is an appeal by E. T. Steen, substituted as plaintiff in place of J. W. Faulkner, from a judgment in favor of the executors of Joshua A. Hendy, deceased, who were substituted as defendants in place of said deceased.

This case has been in litigation for many years, and has been several times on appeal to this court. In Faulkner v. Hendy, 80 Cal. 636 , Faulkner v. Hendy, 103 Cal. 15 , and Faulkner v. Hendy, 107 Cal. 49 , the history of the litigation and the facts of the case are very fully set forth, and they need not be restated here. In appellant’s brief in the case at bar much complaint is made that justice has not been done the appellant; but it is to be observed that under the decisions of this court in the two cases referred to in 80 and in 103 California appellant could have had judgment for the principal sum, which was found to be something over ten thousand dollars, and which appellant actually received, and compound interest thereon, which would have amounted to nearly three times as much as the principal sum found due. He refused to accept that amount, however, hut contended that in lieu of compound interest he should recover for alleged profits, the amount of…