Combs

Three defendants appeal from an order denying their motion to strike from a judgment a provision wherein they were charged with interest on amounts received as rent. The motion was made on the asserted ground that this court in its opinion in Combs v. Haddock, 190 Cal.App.2d 151 [ 11 Cal.Rptr. 865 ], had modified the judgment by deleting such provision regarding interest.

*815 The former appeal pertained to two cases, referred to as Mashon v. Haddock and Kettering v. Haddock . The cases had been tried together and separate judgments had been entered.

At the end of the opinion on that appeal, it was stated: “The judgments in these two cases will be modified to delete therefrom all interest due Mr. Mashon and Mr. Kettering in the accounting for the partnership and the joint ventures, except interest and attorney’s fees on the promissory notes. And the judgment in the Mashon case will also be modified to strike therefrom all damages. As so modified, the judgments are affirmed.”

After receiving the remittitur, which was in effect the same as the statement just quoted, the trial judge prepared written instructions to the clerk of the trial court regarding the matter of modifying the…