Dahlberg v. Girsch
California Supreme Court
Id.—Original Judgment Compelled by Findings of Fact—Error Favorable to Defendant.—It is held that there is no question of any counterclaim or any claim for damages in the case; that, notwithstanding the finding of willful failure on the part of the contractor, the defendant is in no position to urge that the original conclusion of law was inconsistent with and unsupported by the findings of fact; that if there was any error in such conclusion, it was error favorable to him,…
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Id.—Original Judgment Compelled by Findings of Fact—Error Favorable to Defendant.—It is held that there is no question of any counterclaim or any claim for damages in the case; that, notwithstanding the finding of willful failure on the part of the contractor, the defendant is in no position to urge that the original conclusion of law was inconsistent with and unsupported by the findings of fact; that if there was any error in such conclusion, it was error favorable to him, in deducting from the plaintiff’s claim $999 in excess of the amount which should have been deducted, and that so far as…
1Opinion of the CourtAngellotti, J.
Plaintiff originally had judgment against defendant for $3,492.81. Upon motion duly made under the provisions of section 663 of the Code of Civil Procedure, that the judgment be vacated and a different judgment entered because of an incorrect or erroneous conclusion of law not supported by the findings of fact, an order was made vacating the judgment and amending the conclusion of law upon which the same was based by finding that plaintiff was entitled to recover from defendant only $939.78 instead of $3,492.81. Judgment was thereupon given for plaintiff for $939.78 only. This is an appeal by…
2Cases cited4 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Larkin v. . McMullinNew York Court of Appeals · 1890
- Murphy v. . BuckmanNew York Court of Appeals · 1876
- Taylor v. Mayor, Aldermen Commonalty, N.Y.New York Court of Appeals · 1881
3Cited by15 opinions
- Akley v. BassettCalifornia Supreme Court · 1922
- Stanton v. Superior Court of CaliforniaCalifornia Supreme Court · 1927
- Avery v. Associated Seed Growers, Inc.California Court of Appeal · 1963
- Westervelt v. McCulloughCalifornia Court of Appeal · 1924
- Monson v. FischerCalifornia Court of Appeal · 1931
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