Publishers Distributing Service, Inc. v. Southern California School Book Depository, Ltd.

Plaintiff sued in two counts for the recovery of commissions under a sales agency agreement and *449 for damages for fraudulent representations alleged to have been made by defendant to induce plaintiff to enter into said agreement. Defendant countered with a claim for damages for alleged breach of the same contract. The trial court, sitting without a jury, denied plaintiff any relief and likewise gave defendant nothing upon its cross-complaint. Plaintiff now appeals from that portion of the judgment determining that it was entitled to recover nothing.

As to the count for the recovery of commissions, appellant asserts that the court’s finding that appellant had been “paid in full” is directly contrary to and in conflict with a stipulation entered into by counsel for both sides in open court, by which stipulation, appellant contends, it was conceded that respondent was indebted to it in the sum of $537.34. Examination of the record does not uphold this contention. While respondent’s counsel in the course of the lengthy colloquy regarding the form and extent of the stipulation agreed that the amount in question had not been paid to appellant, he added: “This is not a stipulation…