Avery v. Peirson

This is an action brought by the plaintiff to obtain an accounting. The defendant answered and a trial was had by the trial court sitting without a jury. After the parties had introduced their evidence tending to prove that there was or was not a fiduciary relation existing between the parties the trial court declined to order an accounting and directed that findings be drawn by the defendant. The findings were so drawn and judgment thereon was entered in favor of the defendant. The plaintiff has appealed from the judgment under section 953a of the Code of Civil Procedure.

Prior to the…