C. O. Bashaw Co. v. Wood & Stevens, Inc.

The trial court, sitting without a jury, awarded the plaintiff a judgment as for moneys laid out and expended by plaintiff’s assignor in behalf of defendant. The defendant has appealed under section 953a of the Code of Civil Procedure.

The story as recited in the findings is told first by affirmative allegations in response to the first count contained in plaintiff’s complaint, which is a common count as for moneys laid out and expended. The story is told again by affirmative findings in response to the second count pleaded in the complaint which purports to plead the facts. The latter…