Sackett v. Spindler

Plaintiff and cross-defendant, Sheldon Sackett, appeals from the judgment of the trial court determining that he take nothing on his complaint for money had and received and further awarding defendant and cross-complainant, Paul Spindler, $34,575.74 plus interest on his cross-complaint against Sackett for breach of contract. Sackett’s contentions on appeal are as follows: (1) the evidence reveals no “actionable breach” on his part; (2) damages were ineor rectly computed; (3) certain evidence was improperly excluded; (4) the trial court’s findings as to mitigation of damages by Spindler are…