Bonnelfillio v. Ricks

THE COURT.

In this action the appellant advances two major points in support of his appeal. It is first contended that the findings are not supported by the pleadings. As the appeal is upon the judgment-roll, we must presume that all facts found by the court and not within the pleadings in the case were by agreement of court and counsel put in issue during the trial of the action. (McDougald v. Hulet, 132 Cal. 154 [64 Pac. 278]; Fighiera v. Radis, 180 Cal. 660 [182 Pac. 418].)

Appellant’s second contention is that the judgment is not supported by the findings. The particular point made by…