People ex rel. California Industries v. D & D Pad Co.

This is an appeal by D & D Pad Company, a copartnership, and G. Delbert Morris, and Dallas Richins, individually and as copartners doing business under the fictitious firm name of D & D Pad Company (hereinafter referred to as appellants), from a judgment for $15,209.54, rendered in favor of The People of the State of California for and on behalf of California Industries for the Blind, an agency of the Department of Education, which is an executive department of the State of California, on their complaint and against appellants on their counterclaim for $8,251.48 special damages and $38,000 general damages for alleged loss of net profits. Appellants gave notice that in lieu of both a reporter’s and clerk’s transcript, they would present their appeal wholly on a settled statement pursuant to rule 7(b), Rules on Appeal. Rule 7(b), as recently amended, reads: “If in lieu of both a reporter’s and clerk’s transcript, the appellant desires to present his appeal wholly on a settled statement, he shall serve and file a notice so stating within 10 days after filing the notice of appeal and, in that event, the provisions of rule 7(a) shall be applicable. The appellant’s proposed statement…